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NOVAK v. CAPITAL MANAGEMENT AND DEVELOPMENT CORP.

No. 04-7149, 04-7150.

452 F.3d 902 (2006)

Dominic NOVAK, Appellant v. CAPITAL MANAGEMENT AND DEVELOPMENT CORPORATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2006.

Attorney(s) appearing for the Case

Patrick M. Regan argued the cause for appellants. With him on the briefs were Jonathan E. Halperin and Thanos Basdekis.

William C. Parler, Jr. argued the cause and filed the briefs for appellee.

Before: HENDERSON and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GRIFFITH.

Opinion concurring in part and dissenting in part filed by Circuit Judge KAREN LECRAFT HENDERSON.

GRIFFITH, Circuit Judge.

Twelve to fifteen thugs criminally attacked and permanently injured appellants Dominic Novak and George Valdivia as they were leaving a bar and dance club in the District of Columbia. The attack occurred late at night in an alley that was immediately outside the only exit from...

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