JENKINS v. SMITH

No. 83-679.

499 A.2d 128 (1985)

Charles R. JENKINS and William E. Esham, Jr., Appellants, v. Hugh G. SMITH, C. Alexander Hewes, and Augmentation, Inc., Appellees.

District of Columbia Court of Appeals.

Decided October 21, 1985.


Attorney(s) appearing for the Case

Craig N. Goodrich, Washington, D.C., with whom Lee Calligaro, James C. Fontana, and Barry S. Landsberg, Washington, D.C., were on brief, for appellants.

Hugh B. Gordon, Washington, D.C., with whom C. Alexander Hewes, Jr., Washington, D.C., was on brief, for appellees. William F. Causey, Washington, D.C., also entered an appearance for appellees.

Before PRYOR, Chief Judge, and NEBEKER, MACK, NEWMAN, FERREN, BELSON, TERRY, ROGERS and STEADMAN, Associate Judges.


PER CURIAM:

Judges Nebeker, Mack, Ferren, Belson and Steadman join in Part I. Chief Judge Pryor and Judges Newman, Terry and Rogers dissent as to Part I. The court is unanimous as to Part II.

I

This case was argued before the division on January 4, 1984. Subsequently, this court sua sponte ordered the case reheard en banc and requested counsel, in supplemental memoranda and at oral argument, to address the question whether the holding in Frost...

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