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ALLEYNE v. SCANDINAVI INN

Nos. 91-1813, 91-1814.

955 F.2d 132 (1992)

Herbert ALLEYNE, Jr., Plaintiff, Appellee, v. SCANDINAVI INN, INC., Defendant, Appellee, Edews, Inc., Defendant, Appellant. Herbert ALLEYNE, Jr., Plaintiff, Appellee, SCANDINAVI INN, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 29, 1992.

Attorney(s) appearing for the Case

Andrew D. Dunn with whom Timothy S. Reiniger, and Devine, Millimet & Branch, Professional Ass'n, Manchester, N.H., were on brief, for defendant, appellant Edews, Inc.

Brian T. McDonough, Manchester, N.H., for defendant, appellee cross appellant Scandinavi Inn, Inc.

David J. KillKelley with whom Law Offices of David J. KillKelley, P.C., Gilford, N.H., was on brief, for plaintiff, appellee, Herbert Alleyne, Jr.

Before TORRUELLA, Circuit Judge, BAILEY ALDRICH and CAMPBELL, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

Caught in a heavy snowstorm on the evening of January 2, 1987 plaintiff Herbert Alleyne, Jr. cut short his journey in search of winter sports and sought lodging in an inn maintained by defendant Edews, Inc. in Campton, New Hampshire. He was informed by the Spinneys, the managers, that there were no vacancies, but that for $10 he could have the use of a mattress in the second floor sitting room. He paid, but did not register at...

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