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HEALEY v. BARKER FOUNDATION

Nos. 82-1664, 83-399.

469 A.2d 1244 (1983)

Susan R. HEALEY, Appellant, v. The BARKER FOUNDATION, Appellee. The BARKER FOUNDATION, Appellant, v. Susan R. HEALEY, Appellee.

District of Columbia Court of Appeals.

Decided December 14, 1983.

Attorney(s) appearing for the Case

Daniel V.S. McEvily, with whom John E. Rogers, Washington, D.C., was on brief, for appellant in No. 82-1664 and appellee in No. 83-399.

John R. Eldridge, with whom Christopher H. Buckley, Jr., Washington, D.C., was on brief, for appellee in No. 82-1664 and appellant in No. 83-399.

Before NEWMAN, Chief Judge, MACK, Associate Judge, and GALLAGHER, Associate Judge, Retired.

MACK, Associate Judge:

Susan R. Healey appeals from a judgment* of the Superior Court of the District of Columbia dismissing her derivative action seeking a declaratory judgment and mandatory injunction against The Barker Foundation. The trial court granted appellee's motion to dismiss for failure to state a claim upon which relief can be granted. Super.Ct.Civ.R. 12(b)(6). We affirm.

Given this posture of the case, we must construe...

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