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PERKINSON v. GILBERT/ROBINSON, INC.

Nos. 86-5048, 86-5248 and 86-5282.

821 F.2d 686 (1987)

Nellie M. PERKINSON, Appellant, Ralph Hawks v. GILBERT/ROBINSON, INC., d/b/a Houlihan's Old Place. (Two Cases) Nellie M. PERKINSON, et al. v. GILBERT/ROBINSON, INC., d/b/a Houlihan's Old Place, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 1987.

Attorney(s) appearing for the Case

Thomas W. Kirby III, Washington, D.C., was on the brief for appellant/cross-appellee, Nellie M. Perkinson.

Frank J. Martell*, Rockville, Md., was on the brief, for appellees/cross-appellants, Gilbert/Robinson, Inc., et al.

James C. Gregg and D'Ana E. Johnson, Rockville, Md., entered appearances for appellees/cross-appellants.

Before SILBERMAN, BUCKLEY and D. H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This case presents two issues on appeal: whether an award of attorney's fees and costs as sanctions for a repeated pattern of discovery evasion constituted an abuse of the trial judge's discretion; and whether under District of Columbia law the trial judge should have instructed the jury that a violation of the D.C. Building Code was negligence per se and precluded the defense...

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