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JUISTI v. HYATT HOTEL CORP. OF MARYLAND

No. 95-1315.

94 F.3d 169 (1996)

Corrine JUISTI; Samuel Juisti, Plaintiffs-Appellants, v. HYATT HOTEL CORPORATION OF MARYLAND, Defendant-Appellee, and Golden Maintenance Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Harris Lee Pogust, Sherman, Silverstein, Kohl, Rose & Podolsky, Pennsauken, New Jersey, for Appellants. Dean Perdue Gunby, Jr., Law Offices of Harold A. MacLaughlin, Baltimore, Maryland, for Appellee. ON BRIEF: Alan C. Milstein, Sherman, Silverstein, Kohl, Rose & Podolsky, Pennsauken, New Jersey, for Appellants.

Before WILKINSON, Chief Judge, and WIDENER and ERVIN, Circuit Judges.

Vacated and remanded by published opinion. Judge WIDENER wrote the majority opinion, in which Judge ERVIN joined. Chief Judge WILKINSON wrote a dissenting opinion.

OPINION

WIDENER, Circuit Judge:

On May 5, 1991, at approximately 5:00 a.m., the fire alarm went off in the Hyatt Regency Hotel in Baltimore, Maryland. Mr. and Mrs. Juisti, who were staying on the fourteenth floor of the hotel that night, evacuated the building by taking the stairs. Mrs...

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