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DAVIS v. BRUNER

No. 11924.

441 A.2d 992 (1982)

Paul J. DAVIS, Appellant, v. Clyde BRUNER, Appellee.

District of Columbia Court of Appeals.

Decided February 11, 1982.

Rehearing En Banc Granted and Opinion Vacated March 29, 1982.

Attorney(s) appearing for the Case

Lynn E. Cunningham, Washington, D. C., for appellant. Laura A. Gisolfi submitted a brief in behalf of appellant.

Michael E. Brand, Washington, D. C., for appellee and as amicus curiae.

Before NEBEKER and FERREN, Associate Judges, and YEAGLEY, Associate Judge, Retired.

YEAGLEY, Associate Judge, Retired:

This action for possession was instituted when appellee's managing agent1 filed suit against the tenant (appellant), alleging nonpayment of rent for the period September 1, 1976 to October 1, 1976. Five previous actions for possession for nonpayment of rent resulted in judgments for appellee during the period 1971-1975. In the verified complaint, it was alleged that there was a written lease with waiver...

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