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McKENZIE v. McCULLOCH

No. 92-CV-763.

634 A.2d 430 (1993)

Lawrence H. McKENZIE, Appellant, v. Robert F. McCULLOCH and Maria F. McCulloch, Appellees.

District of Columbia Court of Appeals.

Decided December 2, 1993.

Attorney(s) appearing for the Case

Lawrence H. McKenzie, pro se.

Robert F. McCulloch, Washington, DC, for appellees.

Before FERREN, STEADMAN, and SCHWELB, Associate Judges.

SCHWELB, Associate Judge:

Lawrence H. McKenzie appeals from a judgment of the trial court, entered upon a jury verdict, for rent allegedly due and owing to his former landlords, Robert F. McCulloch and Maria F. McCulloch. Because the judge erroneously withdrew from jury consideration a critical issue of material fact — namely, whether certain allegedly substantial housing code violations had been abated at the time the McCullochs instituted a 170 percent increase...

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