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BEALLE v. DISTRICT OF COLUMBIA

Civ. No. 37256.

80 F.Supp. 75 (1948)

BEALLE et al. v. DISTRICT OF COLUMBIA.

United States District Court District of Columbia.

October 8, 1948.

Attorney(s) appearing for the Case

P. Bateman Ennis, of Washington, D. C., for plaintiffs.

John J. Donnelly, Jr. and Oliver Gasch, Asst. Corp. Counsel, both of Washington, D. C., for defendant.

HOLTZOFF, District Judge.

This case comes on for a hearing on the defendant's motion for a summary judgment. The plaintiffs sue the District of Columbia to recover damages caused to their property, which abuts on Peabody Street, N. E., in the city of Washington, as a result of a change of the natural grade of Peabody Street.

It may well be that the plaintiffs were damaged as a result of the action of the District of Columbia. The United States Court of Appeals...

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