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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Duracell Case (4 of 4)
Box: 19
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
ID #. 282548 CU
Dg
WHITE HOUSE
TA004-09
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
James N. Bierman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
ITC decision in the Duracell
Case (Aikaline Batteries)
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
WHolland
ORIGINATOR 85,01,04
/
/
CUAT 18
Referral Note:
D 85T01104
Continuing Corres
5 85,01,14
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A . Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C . Comment/Recommendation
R. . Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D - Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
FOLEY & LARDNER
JR
1775 PENNSYLVANIA AVENUE. N.W.
WASHINGTON, D. C. 20006-4680
TELEPHONE (202) 862-5300
TELEX 904136
IN MILWAUKEE. WISCONSIN
WRITER'S DIRECT 1000 JNE -3 III 11: 47
MADISON. WISCONSIN
FOLEY & LARDNER
JACKSONVILLE. FLORIDA
777 EAST WISCONSIN AVENUE
(202) 862-5358
TAMPA. FLORIDA
MILWAUKEE, WIS. 53202-5367
TELEPHONE (414) 271-2400
TELEX 26-819
January 3, 1985
The Honorable Fred F. Fielding
Counsel to the President
The White House
Washington, DC 20500
Dear Mr. Fielding:
I understand from Jim Christian that some within the
White House are concerned about the ITC's decision in the Dura-
cell case with respect to (1) its precedential effect upon courts
and the ITC itself and (2) Presidential prerogatives to control
trade policy. We have previously provided you with a letter ad-
dressing those and other questions together with additional ma-
terials. As you can imagine, eighteen months of litigation have
produced thousands of pages involving many different issues. Let
me, nevertheless, answer in a few words these specific concerns.
In terms of precedent, the ITC decision has no prece-
dential effect on any court nor on any other administrative body.
For example, the Customs regulations under both Section 526 of
the Tariff Act and Section 1124 of the Lanham Act are no more
or less valid today than before the ITC decision. At least four
other cases involving these issues--Olympus, Osawa, Vivitar, and
COPIAT--are now on their way to federal courts of appeals. Hence,
Presidential disapproval in the Duracell case cannot keep these
matters out of the judicial system: they are already there.
Rather, disapproval would simply add the question of the scope
of Presidential review in a Section 337 case, an issue that I
would think none of us wants to litigate.
With respect to the effect of the decision on future
ITC actions, I can categorically state that no other case can
be completed for at least a year, by which time the appellate
courts and the Cabinet Council on Commerce and Trade will have
spoken on the legal and policy issues involving gray market
goods generally. You can confirm by talking with ITC attorney
advisor William Perry (523-0499) that a parallel import case
would not lend itself to a temporary exclusion order which
The Honorable Fred F. Fielding
January 3, 1985
Page Two
could be had in somewhat less time--four to six months. (Indeed,
the standards for temporary exclusion orders, 19 C.F.R. § 210.24,
are so stringent that only six have been granted since 1974.
Moreover, such orders still allow goods to come in under bond
pending a final ITC determination.) In fact, our case was de-
clared "more complicated" by the Commission and required more
than a year of litigation. If you review the 243 findings of
fact attached to Chief Judge Duvall's Initial Determination,
you will see how individual each Section 337 case is.
As to Presidential power in the trade area, one ad-
vantage of this type of action is that the President is empow-
ered to review each Section 337 case, with regard to policy,
on its own merits. K mart, 47th Street Photo, and others--
none of whom were even parties in this case--have made a tac-
tical decision designed to force prematurely the President's
hand in diverting attention from the merits of this particular
case by painting it with the gray market label. In truth, this
case does not involve the typical gray market. Most gray mar-
ket cases involve foreign products only--cameras, watches, VCRs
and the like. The question is who can lawfully distribute them
in the U.S. Few, if any, U.S. manufacturing jobs are on the
line. The Duracell case involves U.S. batteries, made here by
U.S. workers for sale to Americans, displaced by foreign batter-
ies made in Europe for Europeans. Most gray market products
are sold to consumers at a discount. In this case, consumers
are charged the same price for the foreign DURACELL batteries
as for the domestic product. Moreover, because batteries are
sensitive to environmental conditions such as temperature and
humidity extremes, unlike most gray market products, mishandling
and improper care will diminish their freshness. Thus, in this
case consumers were found as a matter of record to be confused
by respondents' actions into paying full price for a less desir-
able product. That is not true for most gray market products.
My point here, in brief, is that this particular case
certainly does not merit Presidential disapproval. Indeed, quite
the reverse, although we are not asking for him to specifically
approve the decision--see suggested Presidential statement at-
tached. Nor does it bind the President with regard to the next
337 case should there be one. If, for instance, the ITC were
to take similar action a year from now with respect to a company
that manufactured only abroad, whose products were not perishable
and were sold at a healthy discount to consumers who were not
confused and knew what they were buying, the President might
well decide not to enforce such an order. But that is not the
case here. We have consumer confusion, not benefit. We have
The Honorable Fred F. Fielding
January 3, 1985
Page Three
4,000 U.S. manufacturing jobs in eight states and millions of
U.S. dollars in balance of payments at stake. We have a perish-
able product that needs particular care in handling and shipping
that can be given only by the company that stakes its reputation
on that product: Duracell.
Finally, let me ask as a lawyer who has worked his tail
off on this case over the last year and a half, thus far success-
fully, for the opportunity to meet briefly with those of you--
including, I understand, Messrs. Baker, Fuller, Meese, Oglesby,
Stockman, Svahn and yourself--who will be making a recommendation
to the President. I fear at this level that people may tend to
lose sight of the fact that this case does not simply involve
"issues," legal or otherwise. (And, of course, to the extent
that issues are involved, I fear that they have been muddled by
the vigorous attempt of some to shroud this case in the gray
market controversy.) I have a very real client, an American
company employing thousands of workers making and trying to
preserve the integrity of a top quality product involving mil-
lions of dollars in sales per year. If the decision is in dan-
ger of being disapproved, I would very much appreciate the
privilege to state my client's case personally to those who
would recommend such action or, if appropriate, to the Presi-
dent himself.
Sincerely,
Jim JimBerman Burman
James N. Bierman
Counsel for Duracell Inc.
Enclosure
Of Counsel:
Patton Boggs & Blow
2550 M Street, NW
Gregg A. Dwyer
Washington, DC 20037
Vice President and
(202) 457-6000
General Counsel
Duracell Inc.
Simpson Thacher & Bartlett
Berkshire Industrial Park
One Battery Park Plaza
Bethel, CT 06801
New York, NY 10004
(203) 796-4158
(212) 483-9000
DRAFT
Presidential Statement
The President has taken no action with respect to the
decision of the United States International Trade Commission In
the Matter of Certain Alkaline Batteries, Inv. No. 337-TA-165.
Under Section 337 of of the Tariff Act, 19 U.S.C. § 1337, the
President cannot disapprove a decision because he disagrees with
the legal conclusions of the Commission. Such legal questions
can be finally determined only by appellate courts on review.
Nor should the President's decision be taken as a com-
ment on gray market issues generally. Such issues are now being
studied by the Cabinet Council on Commerce and Trade and policy
recommendations will be forthcoming. The specific facts of this
case which involve American manufacture of a perishable product
for sale in the United States, consumer confusion, and no price
benefit to the consumer will not be true of gray market situa-
tions generally. Thus, the President's inaction in this partic-
ular case does not necessarily reflect a similar decision in a
case involving different facts.
THE WHITE HOUSE
WASHINGTON
January 2, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
826
SUBJECT:
USITC Determination Regarding
Certain Alkaline Batteries
This is one of the most significant trade policy issues,
presented in the guise of Presidential review of an ITC
decision, to confront the Administration. By January 5 the
President must decide whether to take any action with
respect to the ITC decision in Certain Alkaline Batteries,
Investigation No. 337-TA-165. Pursuant to 19 U.S.C.
$ 1337 (g), the President has sixty days to review an ITC
order. The President may disapprove an order "for policy
reasons,' may expressly approve it prior to the expiration
of the sixty-day period, or may do nothing, in which case
the order becomes effective on the sixty-first day.
The Commission ruled on November 5, 1984 that firms im-
porting batteries bearing the Belgian-registered trademark
DURACELL for resale in the United States violated the United
States-registered trademark DURACELL. Duracell, Inc., a
U.S. corporation, owns the U.S. trademark, and N.V. Duracell
S.A., a Belgian company, owns the Belgian. Both companies
are subsidiaries of Duracell International, Inc. The parent
company intends its American-made and registered batteries
to be sold in the U.S. and its Belgian-made and registered
batteries to be sold throughout Europe. Due partly to the
strength of the dollar and partly to production cost differ-
entials, however, the Belgian Duracell batteries can be
purchased in Europe and resold in the U.S. at a price below
or the same as that of domestic Duracell batteries.
This phenomenon is known as the "grey market." "Grey
market" goods are imported goods produced abroad bearing a
foreign trademark identical or substantially similar to a
U.S. registered trademark when there is common ownership or
control between the U.S. trademark owner and the foreign
user of the mark, or when the foreign user of the mark has
the authorization of the U.S. trademark owner. The "grey
market" is dominant with respect to products such as per-
fumes and camera equipment.
The Customs Service does not consider grey market imports to
violate the U.S. trademark. Its regulations to this effect
have been recently upheld by the United States District
- 2 -
Court for the District of Columbia and by the Court of
International Trade; both cases are pending on appeal (the
latter before the Court of Appeals for the Federal Circuit,
which also reviews ITC decisions that survive Presidential
review). In reaching its decision in this case, the ITC
disagreed with the Customs Service view of the law.
There is no consensus within the Administration on what
action to take. USTR, Agriculture, Commerce, Justice, and
Labor recommend that the President take no action, permit-
ting the ITC order to go into effect. If this course is
followed, Brock would advise the ITC by letter that the
President's decision should not be construed as agreement
with the ITC's view of the law. Treasury, State, CEA, and
OMB recommend that the President disapprove the ITC decision.
For all the paper spawned by this case, the arguments on
both sides may be briefly summarized:
Take no action (ITC order goes into effect) :
1. No typical "policy reasons" that would justify
blocking ITC order: order is not inconsistent with
international obligations and demand for batteries
can be met by domestic producers.
2. Permitting order to go into effect would likely
result in its appeal to the Federal Circuit, which
can provide a comprehensive review of all "grey
market" legal issues. Administration legal
arguments may be presented at that time; review of
ITC decision is not to be based on disagreement
with ITC view of the law but on "policy" grounds.
Disapprove (ITC order left without force or effect, is not
appealable) :
1. ITC legal view is contrary to that of
Administration, as expressed by Customs and as
being advanced in pending cases by Justice. Tacit
approval of ITC order would result in inconsistent
trade policy.
2. President should not willingly defer resolution of
issues within his legal authority to courts, i.e.,
Federal Circuit.
3. Precedential effect of ITC decision would hurt
consumers, who benefit from cheaper grey market
goods.
- 3 -
Both recommended courses of action are within the President's
legal authority under 19 U.S.C. § 1337 (g). Obviously there
is no question of the President's authority to take no
action. It has been suggested, however -- most articulately
in a letter to you from Foley & Lardner on behalf of Duracell
-- that the President should not disapprove the order
because of a disagreement with the ITC on interpretation of
the law. According to Duracell's lawyers, the President may
disapprove an ITC order under 19 U.S.C. § 1337 (g) only for
"policy" reasons, not because he thinks the ITC erred in
applying or interpreting the law.
We should not accept such a narrow view of the President's
authority in the face of such broad statutory terms as
"policy reasons." The Administration has adopted a policy
of permitting the entry of grey market goods; disapproving a
contrary ITC order would be implementing that policy
decision. While it may be inappropriate -- though probably
still within the President's authority -- to disapprove an
ITC order because of a disagreement with the ITC on the
facts of a particular case, the issues in this case -- the
legitimacy of the grey market -- are far broader and easily
fit within the "policy" rubric. Accordingly, our memorandum
for Darman should begin by noting that the President may
legally accept either recommendation.
I also recommend that we take a side in this dispute, and
support the recommendation that the President disapprove the
ITC decision. This would not be a gratuitous intrusion by
this office into a trade policy matter, but an effort on our
part to preserve the legal authorities of the Executive --
our institutional responsibility. While our office has no
trade policy expertise, the instant dispute, curiously, is
actually not over trade policy. At least for the present,
the Administration has already decided the trade policy
issue. The Executive Branch, through Customs, has decided
to permit the entry of grey market goods. That decision
having been made, we should not acquiesce in a course of
action that would undermine the legal authority to implement
the chosen policy. Somewhere along the line the Executive
(Customs) decided that grey market goods were legal. It
makes little sense to argue, as USTR and those who join USTR
do, that we should permit a contrary decision to go into
effect, because then the case can go to court and the issue
can be resolved. The President does not need a court to
resolve legal issues within his authority -- that is why he
has lawyers of his own. Courts can overturn the Executive's
legal conclusions -- and may do so in the pending cases on
this issue -- but there is no reason to court a judicial
- 4 -
challenge that can easily be avoided. This view is briefly
presented in the draft memorandum for Darman. If you decide
not to take a side in the policy dispute, the pertinent
paragraph can be deleted.
Finally, Claude Gingrich advised me this morning that USTR
and Treasury have agreed to revisions in the disapproval
letter, if that course of action is chosen. I have not seen
a revised draft yet, but we should alert Darman that one
is on the way and should be circulated.
THE WHITE HOUSE
WASHINGTON
Thanks
pls mmo to the
February 11, 1986
M
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DRR
SUBJECT:
Duracell V. ITC
I wanted to be certain you noticed this decision, since you had
extensive correspondence on the underlying dispute, and because
the decision reaffirms the unreviewability of a Presidential
disapproval of an ITC decision.
You will recall that the ITC, in the Duracell case, ruled that
"grey market" imports were illegal. The President disapproved
this determination in a statement citing the conflict between
the ITC position on the one hand and Section 42 of the Lanham
Act, the Treasury interpretation, and several court decisions on
the other hand. The President's statement also noted that a
review of the grey market issue was underway, and that failure
to disapprove the ITC determination could be misinterpreted as a
change in current policy.
Duracell, through its attorney James Bierman, appealed to the
Court of Appeals for the Federal Circuit. Duracell contended
that the President's disapproval was ineffective, since it was
for legal, not policy reasons. The pertinent statute authorizes
the President to disapprove ITC decisions "for policy reasons,"
19 U.S.C. § 1337 (g). The Court, in a unanimous decision, ruled
that "the decision by the President is not reviewable either
directly or indirectly in this court." Only final ITC orders
are reviewable, and the effect of Presidential disapproval is
that there is no final ITC order. The Court went further and
ruled that even if it had jurisdiction to review the President's
action, that action was legal, since the President's disapproval
was for policy reasons: "There is no requirement that the
President articulate or detail the reasons for his disapproval
of a Commission determination. It is sufficient that the
President disapprove the determination for his policy reasons"
(emphasis in original).
On all counts, a significant victory, and a vindication of our
decision to stand firm in the face of Duracell's explicit
threats that if we did not compromise on the merits it would
pursue litigation that could severely limit Presidential
authority.
THE WHITE HOUSE
WASHINGTON
Date: 1/29/86
FOR:
RICHARD A. HAUSER
DAVID B. WALLER
SHERRIE M. COOKSE
H. LAWRENCE GARRETT, III
JOHN G. ROBERTS, JR.
DEBORAH OWEN
HUGH
HEWITT
FROM:
FRED F. FIELDING
The attached is for your information. Please circulate and
return to this office for filing.
Thank you.
Attachment
Volume 114 # Number 16 . Page 157
Friday, January 24, 1986
THE DAILY WASHINGTON
Law Reporter
Established 1874
U.S. Court of Appeals for the Fed. Circuit
U.S. Court of Appeals for the D.C. Circuit
D.C. Superior Court
INTERNATIONAL TRADE
GOVERNMENT INFORMATION
CONDOMINIUMS
JURISDICTION
MOOTNESS
EXCULPATORY CLAUSE
Action of President in disapproving determination
Withdrawal of request under Freedom of Informa-
Exculpatory clause in condominium by-laws ab-
of International Trade Commission is not
tion Act renders reverse-FOIA case moot.
solves association of unit owners of liability for
reviewable by Federal Circuit.
water damage from common element pipe.
GULF OIL CORPORATION V. BROCK, ET
DURACELL, INC. V. U.S. INTERNATION-
AL., U.S.App.D.C. No. 80-1127, December 13,
GREEN V. CONDOMINIUM MANAGE-
AL TRADE COMMISSION, U.S.C.A. Fed.Cir.
1985. Reversed and remanded with instructions
MENT, INC., Sup.Ct., D.C., C.A. No. 9574-84,
App. No. 85-2072, December 9, 1985. Dismissed
to dismiss case per Edwards, J. (Wald, J. con-
December 19, 1985. Opinion per Kennedy, J.
per Smith, J. (Nies and Bissell, JJ. concur).
curs; Starr, J. concurs in part). Peter R. Maier
Hugo Fleischman for Plaintiff. Richard E.
James N. Bierman with Jay N. Varon, Sheila C.
with Richard K. Willard, Joseph E. diGenova
Schimel for Defendants CMI and Allen Park.
McDonald and Jonathan B. Baker for appellant.
and Leonard Schaitman for appellants. Burt A.
Harold E. Jordan and Kevin P. Chavous for
Velta A. Melnbrencis with Richard K. Willard
Braverman with Susan Paradise Baxter and
Defendant Houlbreque. Durke Thompson for
and David M. Cohen for appellee.
William G. Duck for appellee. Trial Court
Defendant Universal. Cary Schneider, Defend-
-Hart, J.
ant Pro Se.
SMITH, J.: Appellant Duracell, Inc. (Duracell),
challenges the President's disapproval of a
EDWARDS, J.: This case is a reverse
KENNEDY, J.: The matters presently before
determination, under 19 U.S.C. $1337 (1982), of
Freedom of Information Act ("FOIA") action
the court are the motions for summary judgment
the United States International Trade Commis-
brought by Gulf Oil Corporation ("Gulf") to en-
filed by the Allen Park Unit Owners Association,
sion (Commission). The Commission has moved
join the Department of Labor ("DOL") from
Isabelle Houlbreque, and Cary Schneider. Upon
to dismiss this appeal (1) for lack of a final deter-
disclosing the 1973 affirmative action plan for
consideration of the motions, the plaintiff's op-
mination which is appealable to this court pur-
Gulf's Houston Headquarters, which had been
position thereto, and the papers filed in support
suant to 19 U.S.C. $1337 and under the grant of
requested by the Houston Chapter of the Na-
of and in opposition to the motions, the court
jurisdiction in 28 U.S.C. (1295(a)(6), and (2) for
tional Organization for Women ("NOW").
concludes that the Allen Park Unit Owners
lack of jurisdiction of this court to review the
Although the NOW FOIA request related only to
Association's motion should be granted and the
President's disapproval. We grant the motion
Gulf's 1973 affirmative action plan, and Gulf's
motions of Isabelle Houlbreque and Cary
and dismiss the appeal for lack of jurisdiction.
complaint did not challenge the legality of the
Schneider should be denied.
DOL regulations governing the disclosure of af-
Issues
firmative action plans, the District Court never-
I. FACTS
The issues are whether the court possesses
theless enjoined disclosure of the 1973 plan and,
The plaintiff, Joseph Green, Jr., owns a con-
jurisdiction to review the President's disap-
in addition, all "substantially similar"
dominium apartment on the first floor in the
proval of a determination of the Commission
documents. The Government appealed. In 1984,
Allen Park condominium located at 2410 20th
pursuant to 19 U.S.C. (1337(d) and, if so,
after waiting more than eleven years due to
Street, N.W., Washington, D.C. The unit owners
whether the President's disapproval of the
litigation delays, NOW withdrew its request for
of the Allen Park Condominium constitute the
determination of the Commission complied with
the 1973 Headquarters plan. This court then
Allen Park Unit Owners' Association
the requirements of 19 U.S.C. (1337(g)(2).
dismissed as moot the portion of the appeal per-
(hereinafter "Allen Park"). On December 26,
taining to the order that enjoined public
1983, the plaintiff's apartment experienced ex-
Background
disclosure of Gulf's 1973 Houston Headquarters
tensive damage due to flooding. The flooding
On November 5, 1984, the Commission deter-
affirmative action plan. We now dismiss the rest
occurred because a water pipe or pipes located in
mined that the importation of certain "gray
of the appeal concerning "substantially similar"
the space between the third floor of the building
market" alkaline batteries was a violation of sec-
documents and remand with instructions to the
and the roof froze during a period of very cold
tion 337 of the Tariff Act of 1930, 19 U.S.C.
District Court to vacate the injunction against
weather and burst. The plaintiff has sued the
$1337 (1982) (section 337), and that the imports
DOL.
defendants claiming that their negligence caused
caused substantial injury to Duracell.
the pipes to burst. Specifically, he alleges that
On January 4, 1985, within 60 days of receiv-
The doctrine of mootness is based on the "case
Allen Park failed to close air vents on the roof,
ing a copy of the determination, the President
or controversy" requirement of Article III of the
thus allowing the cold air to reach the pipes and
disapproved the Commission's determination.
Constitution. It rests on the principle that
causing them to freeze. He alleges that Isabelle
Duracell bases its appeal to this court primarily
Houlbreque, the owner of unit 304, the unit
on a contention that the President acted
a federal court has neither the power to render
above his and below the burst pipes, failed to
unlawfully by disapproving the determination
advisory opinions nor "to decide questions that
"for other than policy reasons." We are asked to
cannot affect the rights of litigants in the case
adequately supervise her tenant, Cary
Schneider, by failing to ensure that the heat in
determine the reasons for the President's disap-
before them." Its judgments must resolve 'a
the unit was sufficient to prevent the pipes
proval of the Commission's determination, and
real and substantial controversy admitting of
whether those reasons comply with the re-
specific relief through a decree of a conclusive
(Cont'd. on p. 161 Clause)
quirements of 19 U.S.C. (1337(g)(2), specifically,
character, as distinguished from an opinion ad-
whether the President's disapproval was for
vising that the law would be upon a hypo-
TABLE OF CASES
thetical state of facts.'
policy reasons, as required by the statute.
By withdrawing its request for the 1973 plan,
U.S. Court of Appeals (Fed. Circuit)
Jurisdiction
NOW mooted the live dispute that was once
Duracell, Inc. V. U.S. International
The United States Court of Appeals for the
before the District Court. Gulf requested the
Trade Commission
157
Federal Circuit (Federal Circuit) has broad
District Court to issue an injunction restraining
U.S. Court of Appeals (D.C. Circuit)
discretion "to review the final determinations
the Government from disclosing a broad
of the United States International Trade Com-
category of documents submitted to the Govern-
Gulf Oil Corporation V. Brock, et al
157
mission
made under section 337." (Em-
ment by Gulf. It did not seek to challenge or in-
D.C. Court of Appeals
phasis supplied.)
validate the DOL regulations on their face.
Selby V. United States
160
However, to determine the appeal rights of a
Gulf's only challenge to the DOL regulations was
D.C. Superior Court
(Cont'd. on p. 160 - Jurisdiction)
(Cont'd. on p. 160 Mootness)
Green V. Condominium Management, Inc
157
158
THE DAILY WASHINGTON LAW REPORTER
Servs., $5,723.55. H. Rubin.
CA7345-85 The G.W. Univ. Med. Ctr. V. Robin Cynthia
THE DAILY WASHINGTON LAW REPORTER
CA267-86 Wash. Hosp. Ctr. V. Joann Gordon, et al.
Gray. Acct., $2,787.66. Def. judg., $2,787.66. Wolpoff
a Newspaper of General Circulation
Servs., $15,206.85. H. Rubin.
& Abramson.
CA268-86 Wash. Hosp. Ctr. V. Monica Hailes, et al.
CA7581-85 Xerox Corp. V. Agricultural Council of
Published
Servs., $4,813.45. H. Rubin.
America. Lease, $29,246.86. Def. judg., $29,246.86.
Daily except Saturdays, Sundays and Holidays
CA269-86 Wash. Hosp. Ctr. V. Geraldine Nelson, et al.
J.M. Hellwege.
Servs., $7,209.55. H. Rubin.
By
CA7617-85 Higher Educ. Assist. Fdn. V. Stanley D.
CA270-86 Wash. Hosp. Ctr. V. Dorothy Odar, et al.
Jackson. Note, $5,000.00. Def. judg., $5,000.00. R.D.
THE WASHINGTON LAW REPORTER COMPANY
Servs,, $3,532.70. H. Rubin.
Turner.
1625 EYE STREET, N.W., WASHINGTON, D.C. 20006
CA273-86 Monte Brown, et al. V. Bruce Norris. Negl.,
CA7618-85 Higher Educ. Assist. Fdn. V. Anthony W.
331-1700
auto (per. inj., prop. dam.), $250,000.00. P.A. Mehta.
Bess. Note, $2,500.00. Def. judg., $2,500.00. R.D.
CA274-86 Lewis C. Massey, P.R. of Estate of Louise
Turner.
Millard Lewis
President
Massey V. Barry L. Smith, M.D., et al. Negl., malpr.,
CA8060-85 Industria Adriatica Confezioni, etc. V. Ed-
J. K. Cockrell
1st Vice-President & Treasurer
wrongful death, survival action, $3,000,000.00. S.
ucardo De Pandi, indiv., etc. Mdse., $6,055.30. Def.
Fulton Lewis, III
2nd Vice-President
Padgett.
judg., $6,055.30. L.E. Landau.
Alice H. Lewis
Secretary
CA275-86 Nancy J. Johnson V. Ella W. Smith, et al.
CA8176-85 Am. Express Travel Related Servs. V.
James W. Twaddell, Jr
Managing Editor
Negl., auto (per. inj., prop. dam.), $100,000.00. G.R.
James E. Calloway. Acct., $2,090.03. Def. judg.,
Michael A. Schuchat
Legal Editor
Alexander.
$2,090.03. R.M. Kind.
CA276-86 Raymond A. Duckett, indiv., et al. V. Delsa
CA8284-85 Howard Univ. Hosp. V. Gary Sumlar.
Subscription Rates Including Semi-Annual Indexes
Wilkens, et al. Negl., auto (per. inj., prop. dam.),
Servs., $6,709.68. Def. judg., $6,709.68. Wolpoff &
1
Year:
$108.00
2
Years:
$211.20
3
Years:
$306.00
$350,000.00. G.R. Alexander.
Abramson.
Single Copy: 40 cents
Add Sales Tax in D.C.
CA277-86 Charles Carroll Assoc. Inc. V. Am. & For-
CA8595-85 Am. Express Travel Related Servs. V.
eign Ins. Co. Contr., $51,583.99. M.P. Zimmerman.
Robert Lee & Bernice Williams. Acct., $2,194.25. Def.
POSTMASTER Change of Addresses to
CA278-86 Elizabeth Fairchild t/a Marfair Joint Ven-
judg., $2,194.25. R.M. Kind.
Above Named Organization
ture V. Institute on Strategic Trade, Inc., et al. Rent,
CA8550-85 Thorp Credit Inc. of Md. V. Willie O.
Second Class Postage Paid at Washington, D.C.
$9,634.33. R.L. Kaufman.
Stephenson. Note, $2,138.54. Def. judg., $2,138.54.
(USPS 146-840)
CA279-86 Stephanna J. White, et al. V. McDonald's
M.I. Resnick.
Restaurant of the Dist. Inc., et al. Negl., (per. inj.),
Member, American Court and Commercial Newspapers, Inc.
$350,000.00. M.W. Findakly.
FAMILY DIVISION
CA280-86 Marvin E. Pugh, Sr., et al., indiv. and as
DOMESTIC RELATIONS BRANCH
U.S. BANKRUPTCY COURT
parents of Marvin E. Pugh, Jr., minor V. Mary S.
NEW CASES
Williams. Negl., auto (per. inj.), $950,000.00. J.D.
Number, Parties, Grounds and Attorney for Plaintiff
Raden.
BANKRUPTCY-PETITIONS
CA281-86 Nancy L. Stevens V. George Price, et al.
Number, Party, Address and Attorney
Cases filed January 21, 1986
Negl., auto (per. inj.), $500,000.00. J.D. Raden.
CA282-86 Couture Tehmina, Inc. V. Maximillian Dela-
D160-86 Lorie, Henri R. V. Beverly June. Sep. M.
86-30 Re: Kenneth J. Dias, Jr., 1422 Van Buren St.,
Merson.
N.W., Wash., D.C. Cashier, Dias, Inc., t/a Signature
croix Delfayette. Agreement, $15,035.00. Wolpoff &
Black Hair Care Salon. (Chapter 7.) Pro Se.
Abramson.
D161-86 Wiggett, Ute Evelyn Sachs V. Philip Brain.
Sep. M. Eckman.
86-31 Re: Murray Osteen Bradford, 223 Seaton Place,
DISPOSITIONS
D162-86 Hinnant, Samuel V. Veronica P. Sep. S.E.
N.E., Wash., D.C. (Chapter 7.) L. Tober.
Number, Parties, Demand Amount, Action Taken and Attorneys
Hinnant.
86-32 Re: Yvonne Scott, 1124 10th St., N.W., #204,
D163-86 McQueen, Richard V. Dorothy. Sep. S. Osnos.
Wash., D.C. (Chapter 13.) Pro Se.
BY THE COURT: MOTIONS
D164-86 Allen, Joyce Donaldson V. Van Sizar. Sep. B.
Smith.
D.C. SUPERIOR COURT
CA12412-84 First Va. Bk. V. Julie M. Williamson.
D165-86 Belton, Pamela Renea V. Gabriel Allen. Sep.
Contr., $2,014.60. Judg. ex parte, $2,014.60.
P.S. Belton.
Weisberg, J.; M.S. Protas.
PROBATE DIVISION
D166-86 Littlejohn, Pauline V. Fred. Sep. J. Briley,
WILLS FILED
BY THE CLERK:
Jr.
D167-86 Berryhill, Charlene K. V. George, Jr. Sep.
CA8549-82 PEPCO V. Donald Brown. Servs., $3,951.-
Jerome White
Marilyn M.S. Morrison
C. Berryhill.
49. Def. judg., $3,951.49. W.P. Gardner.
Doretha M. Duckett
Dora Louise Roberson
D168-86 Oseu, Cerue B. V. Paul. Sep. H. Walls.
CA10094-83 Xerox Corp. V. Darryl L. Anderson, indiv.
Eva Woodner
Blanch A. Moore
D169-86 Bello, Ajibike V. Dunbar. Sep. H. Walls.
and d/b/a P&M. Servs., $4,536.32. Def. judg.,
Helen T. Hayden
Julia A. Bonner
D170-86 Greaves, Thelma V. David. Sep. H. Walls.
$4,536.32. L.S. Jacobs.
Sarah Thornley
Bertha W. Fichthorn
D171-86 Browner, David A. V. Denita. Sep. A. Swan.
CA12312-83 NS&T V. Mary G. Brown. Note, $2,438.-
Mildred Miller Reid
Robert Lincoln Beckwith
D172-86 Dean, Darrell V. Melba. Sep. S. Green.
96. Def. judg., $2,438.96. S.D. Williamowsky.
D173-86 Zuniga, Thomas V. Karen. Sep. W. Mann.
PETITIONS
CA1079-85 Am. Sec. Bk., N.A. V. Joseph K. Johnson.
D174-86 Washington, Richard V. Mabel. Sep. S.
Note, $2,372.84. Def. judg., $2,372.84. N.H. Hantzes.
Number, Name, Action, and Attorney
Phillips.
CA2189-85 Equip. Leasing Co., Inc. V. Maj, Inc., et
D175-86 Martin, Rose Ann V. David. Sep. R. Martin.
-134-86 Harry Gilmore Young. Pet. P.R. J. Gordon.
al. Debt, $3,265.90. Def. judg., $3,265.90. M.S. Baer.
D176-86 Yekinni, Lasisi V. Brenda Williams. Sep.
135-86 Bertha F. Fichthorn. Pet. P.R. J.H. Heller.
CA2619-85 The Mgt. Partnership, Inc. V. Fred Colter,
J. Anders.
136-86 Dora Shapley Von Wijk. Pet. P.R. B.M. Rauh.
et al. Agrreement, $3,885.00. Def. judg., $3,885.00.
140-86 Rose H. Abell. Pet. P.R. J.A. Willard.
R.G. Scheraga.
DISPOSITIONS
CA3229-85 The Natl. Bk. of Wash. V. David E. &
143-86 Edith F. Ryland. Pet. P.R. R.C. Ohlrich.
Number, Parties, Action Taken and Attorneys
144-86 John Robert Bauman. Pet. P.R. C.T. McCally.
Barbara A. Huff. Judg., $9,466.11. Def. judg.,
145-86 Lena S. Lindner. Pet. P.R. J.L. Pailet.
$9,466.11. M.S. Protas.
D23-84(U) Annette E. Williams V. James M. Williams.
CA3808-85 The G.W. Univ. V. Charles & Helen Green-
Granted. J.W. Greenfield.
ORDERS
well. Acct., $2,638.09. Def. judg., $2,638.09. Wolpoff
& Abramson.
Number, Name, Action, and Attorney
Mock Trial
CA3909-85 T.V. Guide Employees F.C.U. V. William
82-86 Roy R. Picott. P.R. Mary A. Picott. L. Aikens.
Beeson. Note, $3,000.00. Def. judg., $3,000.00. M.S.
A medical malpractice case involving a mother
80-86 Dorothy Mae Clark. P.R. William Stanley Clark.
Protas.
who died from the effects of sickle cell crisis
A.L.C. Kennedy.
CA4555-85 Pohanka Auto Leasing, Inc. V. Kim K.
shortly after childbirth and the baby daughter,
78-86 William H. Hicks. P.R. Roy Hicks, Sr. K. Vance.
Covington. Lease, $5,844.22. Def. judg., $5,844.22.
who was born with brain damage.
77-86 Matthew Walker Kendall Miller. P.R. Eliza-
Korn & Rosenstein.
beth H.E. Miller. K. Vance.
CA4809-85 Contel Credit Corp. V. A. Elisabeth Dob-
Date:
Thursday, February 6, 1986
loug. Servs., $5,981.43. Def. judg., $5,981.43. L.S.
Place:
Hyatt Regency Hotel
CONSERVATORSHIPS
Jacobs.
Address: 400 New Jersey Avenue, N.W.
Number, Name, Action, Attorney and Date Filed
CA5470-85 Atlantic Finance V. H.W. Johnson, Jr.,
Time:
etc. Contr., $3,934.55. Def. judg., $3,555.29. M.
5:00-7:00 p.m.
F18-86 Re: Janice S. Hill. Pet. for appt. of consv.
Myers.
Presided over by the Honorable Norma Johnson
M.D. Haden. January 22, 1986.
CA5650-85 Pet-Chem Equip. Corp. V. Trans-Continen-
(Judge, D.C. Superior Court). Attorneys will in-
tal Imex, Inc. Acct., $3,852.56. Def. judg., $3,852.56.
clude Jack Olender (one of the area's leading
CIVIL DIVISION
D.E. Fox.
plaintiff's attorneys), William Lightfoot, Cecelie
NEW CASES
CA6267-85 The Riggs Natl. Bk. V. Earle Barrymoore
Vaughters and Deanna Johnson.
Number, Parties, Action, Demand Amount, Attorney for Plaintiff
Black. Overdraft, $4,210.35. Def. judg., $4,165.04.
For further information call 393-7077 or
G.C. Huston.
659-3532.
CA265-86 Wash. Hosp. Ctr. V. Paula N. Elie, et al.
CA7214-85 Higher Educ. Loan Program V. John M.
Servs., $13,323.05. H. Rubin.
Thompson. Note, $5,000.00. Def. judg., $5,000.00.
M.S. Protas.
Buy Washington Law Reporter Legal Forms
CA266-86 Wash. Hosp. Ctr. V. Robin Emamali, et al.
January 24, 1986
159
Business Today
SUPERIOR COURT
DISTRICT OF COLUMBIA
OF THE DISTRICT OF COLUMBIA
COURT OF APPEALS
By United Press International
ORDER
NOTICE
TV's football ratings war turning
into advertising price battle
Pursuant to D.C. Code 1981, §11-946, it is this
Pursuant to Section V, E of the Internal
-By William D. Murray
8th day of January, 1986,
Operating Procedures of the District of Colum-
UPI Sports Writer
ORDERED, effective immediately, that Judge
bia Court of Appeals, as revised effective
Ricardo M. Urbina is appointed chairman of the
January 1, 1983, the Clerk will announce each
SAN FRANCISCO (UPI)-The common rule
Family Rules Committee and, as such, shall
Thursday the composition of the panels that will
that an increase in TV ratings, like those enjoyed
serve on the Superior Court Rules Committee
sit during the following week. The panels for the
this season by National Football League broad-
until further order of this Court, and it is
week beginning January 27, 1986, will be as
casters, generally leads to added advertising
FURTHER ORDERED, effective immediate-
follows:
revenues has been thrown for a loss in 1985.
ly, that Judge George Herbert Goodrich, is ap-
Tuesday, January 28, 1986
The blame has been placed on a soft economy,
pointed chairman of the Superior Court Rules
9:30 a.m. (Regular)-Associate Judges
as well as advertising dollars being siphoned
Committee and shall serve until further order of
Nebeker, Belson and Terry.
away by daytime soap operas aimed at the
this Court.
1:30 p.m. (Summary)-Chief Judge Pryor; and
female market.
BY THE COURT:
Associate Judges Mack and Rogers.
There are no lack of explanations as executives
January 8, 1986
Wednesday, January 29, 1986
search for a reason for the struggling ad market.
/s/ H. CARL MOULTRIE I
9:30 a.m. (Regular)-Associate Judges Ferren,
"The computer industry is pretty sick," said
H. Carl Moultrie I
Belson and Steadman.
Jerome H. Dominus, head of sales for CBS. "They
CHIEF JUDGE
Thursday, January 30, 1986
have been heavy into the NFL in past years.
"AT&T spent a great deal of money last year.
However, the ad revenues for both profes-
9:30 a.m. (Expedited Summary)-Associate
sional and college games have not matched the
Judges Nebeker, Rogers and Steadman.
This year they haven't been spending that way.
General Motors used to run ads on all three net-
audience increase.
The panels may vary in the event of recusal or
works. This year, they chose just two of the
In total, Dominus said about $75 million in ads
of unavailability of assigned judges. Notice of
three, leaving NBC short."
has been collectively withdrawn from NFL
changes will be posted at the office of the Clerk
After 14 weeks of the NFL season, CBS has
broadcasts this season by the computer industry,
of the Court.
seen its ratings go up from a 34 share in the
automakers and credit card companies.
FOR THE COURT:
marketplace in 1984 to a 36 share this year. NBC
"It could have been worse," he said. "Early in
/s/ ALAN I. HERMAN
has gone from 12.2 to 12.8 and ABC jumped
the season we had problems selling ads, but it's
January 23, 1986
Clerk of the Court
from 29 to a 32 share in the Monday night prime
gotten better. Now we are about 90-95 percent
time market.
sold out for the post-season."
NBC and the network has had a hard time at-
Roone Arledge, head of ABC's news and
tracting the kinds of advertisers that have grac-
LEGAL NOTICES
sports operations, said in a recent interview in
ed the telecast in the past.
Broadcasting Magazine that the decline in ads
None of the big American automakers elected
FIRST INSERTION
spawned a price war.
to bid for the exclusive domestic auto advertis-
"This year our ratings on Monday Night Foot-
ing rights on the Super Bowl telecast. Instead,
HOLLIDAY, Mary Jo Wadlington
ball are up considerably, about 20 percent the
Nissan Motor Corp. USA picked up those once
Mary Jo Wadlington Holliday, Pro Se
last I heard," he said in the interview. "And it
cherished rights.
3850 Tunlaw Road, N.W., Washington, D.C. 20007
has been very difficult for us to translate that in-
Apple Computer Company, which used the
SUPERIOR COURT OF THE DISTRICT OF COLUM-
to revenue, partly because the economy is soft,
Super Bowl telecasts the past two years for
BIA. CIVIL DIVISION. IN RE: Application of Mary Jo
and partly because there are awful lot of sports
blockbuster commercials launching new pro-
Wadlington Holliday. Civil Action Number: CA163-86.
events on.
ducts, also has decided to sit this year out.
ORDER OF PUBLICATION-CHANGE OF NAME.
"But mainly because CBS and NBC, particular-
However, NBC said its broadcast is "sold out"
Mary Jo Wadlington Holliday, having filed a complaint
ly CBS, are selling their Sunday football at such
thanks to an aggressive campaign to bring in
for judgment changing her name to Josephine Wadl-
low prices that it makes it difficult for us to main-
new advertisers for the $1.1 million-a-minute
ington Holliday, and having applied to the Court for an
order of publication of the notice required by law in such
tain the integrity of pricing on Monday night."
asking price.
cases, it is by the Court, this 8th day of January, 1986,
Dominus defended the lower prices as being "a
Dominus, whose network has the 1987 Super
ORDERED that all persons concerned show cause, if
part of the game."
Bowl broadcast, said NBC's problems have not
any there be, on or before the 8th day of February,
Arledge said the NFL should also be concern-
dampened his spirits toward marketing Super
1986, why the prayers of said complaint should not be
ed about the trend away from sports advertising.
Bowl ads for CBS' broadcast.
granted: PROVIDED, That a copy of this order be
"Whether we're able to translate the increas-
"I'm looking forward to having the Super
published once a week for three consecutive weeks
ed ratings into added revenue next year is a big
Bowl to sell," he said. "It's a unique event in the
before said day in The Washington Law Reporter. /s/
question," he said. "If we can't, and if the other
sports world. I don't care what the problems are
RONALD P. WERTHEIM, Judge. [Seal.] A True Copy.
two networks can't, then I think NFL is in for a
this year, there still is no other broadcast where
Test: Jan. 8, 1986. By Eloise Atkinson, Deputy Clerk.
very, very tough negotiation next time. They
you can guarantee an audience of 45 percent of
Jan. 24, 31, Feb. 7.
might even have to take less."
the American people for."
WARREN, Mary Clegg
Dominus does not agree with Arledge's bleak
Mary Clegg Warren, Pro Se
outlook toward next season.
CLASSIFIED
3813 Veasey Street, N.W., Washington, D.C. 20016
"I think we've gone through the depths of the
SUPERIOR COURT OF THE DISTRICT OF COLUM-
problem," the CBS executive said. "Even if the
SERVICES
BIA. CIVIL DIVISION. IN RE: Application of Mary
economy only gets a little better, the ad market
Clegg Warren. Civil Action Number: CA271-86.
will increase. Then there is the fact that there
Questioned Document/Voiceprint Examiner. Court &
ORDER OF PUBLICATION-CHANGE OF NAME.
will be new players always coming in."
Board certified in all aspects of questioned document,
Mary Clegg Warren, having filed a complaint for judg-
This year's slow sports ads market has af-
voice identification, & tape examinations. Former
ment changing Mary Clegg Warren name to Mary
fected professional football's showcase-the
senior examiner U.S. Secret Service, D-ABFDE; AS-
Isabella Christina Clegg, and having applied to the
Super Bowl. This year's broadcast will be on
QDE; IAI; AAFS. Stephen Cain, M.F.S., M.F.S.Q.D.,
Court for an order of publication of the notice required
107 Nina Cove, Stafford, Va. 22554, 703-659-5239 or
by law in such cases, it is by the Court, this 10th day of
CLASSIFIED
659-6053.
20x12/16-2/10AD
January, 1986, ORDERED that all persons concerned
Medical/Legal Consultant-Personal injury, medical
show cause, if any there be, on or before the 10th day of
SITUATION AVAILABLE
malpractice, products liability; medical records
February, 1986, why the prayers of said complaint
reviewed/trial assistance. Call Cathy Gilgallon, R.N.,
should not be granted: PROVIDED, That a copy of this
Associate position available in the areas of Tax/Estate
J.D. 231-5437.
10x1/8-31MWF
order be published once a week for three consecutive
Planning/Estate Work for expanding section of 23 per-
weeks before said day in The Washington Law
son law firm. Contact J. Baer at 897-8282. All inquiries
Process Serving-Md., D.C. & Va., locating, skiptrac-
Reporter. PROVIDED FURTHER, that pursuant to
are confidential.
4x1/24-31MWF
ing, courier service & court filings. Radio dispatched
SCR-Civil Rule 205(b) notice be sent to applicant's
Corp./Comm. Atty. Wash., D.C.-AV rated law firm
prompt service, reas. rates. Gene Ullman Associates,
creditors by registered or certified mail and that proof
Inc. 789-1778 or 262-2145.
11/ADUS
seeks assoc. w/top academic credentials & 1-3 yrs. gen.
of service of mailing be made in the manner provided in
corp. & comm. exp. Salary commensurate w/exp. &
OFFICE SPACE AVAILABLE
SCR-Probate Rule 14(b). /s/ RONALD P. WERTHEIM,
academic credentials. Please send resume in confidence
Judge. [Seal.] A True Copy. Test: Jan. 10, 1986. By
to: Grossman & Flask, P.C., Attn: Jon T. Flask, 1101
Farragut Sq.-6 windowed ofcs. plus conf./libr. &
Eloise Atkinson, Deputy Clerk.
Jan. 24, 29, Feb. 5.
14th St., N.W., Suite 800, Wash., D.C. 20005.
recept. 2500 sq. ft. @ $25/sq. ft. Short term sublease
(Cont'd. on p. 164 Legal Notices)
9x1/21-31
possible. Avail. 3/1/86. Call 333-5900.
6x1/24-31
160
THE DAILY WASHINGTON LAW REPORTER
D.C. Court of Appeals
possession of a controlled substance" as "overly
release the 1973 plan "has been mooted pending
literal," and an argument which "ignores the
appeal," therefore the underlying judgment of
CRIMINAL LAW & PROCEDURE
breadth of the aiding and abetting statute and
the agency is without force or effect. In other
AIDING AND ABETTING
the many decisions applying it." Id. at 252, 676
words, the initial decision by DOL can have no
F.2d at 850. Since the evidence in the instant
bearing on "similar" documents because the in-
Conviction for aiding and abetting possession of
case showed that appellant affirmatively par-
itial decision was nullified when the case was
heroin was proper without a showing that defend-
ticipated SO that the driver was able to obtain
mooted pending appeal. Second, even if there
ant was in actual or constructive possession of
possession of the seized heroin, the government
were some judgment with precedential effect on
the seized drug.
met its burden of proof. Id.; see also United
OFCCP decisions, it is very questionable that
States V. Staten, 189 U.S.App.D.C. 100, 108-09,
"the mere precedential effect of general
SELBY V. UNITED STATES, D.C.App. No.
581 F.2d 878, 886-87 (1978); People v. Hender-
principles" can prevent mootness.
84-1525, December 11, 1985. Affirmed per
son, 121 Cal.App.2d 816, 264 P.2d. 225, 226
In short, Gulf is not entitled to an advisory
curiam (Nebeker, Newman and Rogers, JJ. con-
(1953) (conviction of possession of heroin as
opinion determining whether documents that
cur). Steven R. Kiersh for appellant. Patricia L.
aider and abettor upheld where defendant admit-
have not been requested and that are not now
Petty with Joseph diGenova and Michael W. Far-
ted taking another to purchase drugs); see
before the court must be disclosed or withheld.
rell for appellee. Trial Court-Schwelb, J.
generally Annot., "Offense of Aiding & Abetting
Because the dispute over the 1973 affirmative
Illegal Possession of Drugs or Narcotics," 47
action plan is no longer before us, and because
PER CURIAM: Appellant appeals his convic-
A.L.R.3d 1239 (1973); cf. Harris v. United
Gulf did not challenge the DOL disclosure
tion as an aider and abettor of a single count of
States, 430 A.2d 536, 540 n.6 (D.C. 1981).
regulations except as applied to that 1973 plan,
possession of heroin, D.C. Code 3-541(d) (1984
Appellant's reliance on Mack v. United States,
there is no longer a case or controversy
Supp.) following a trial by the court. He contends
326 F.2d 481 (8th Cir.), cert. denied, 377 U.S.
Gulf argues that this case is not moot because
that the trial court erred in finding him guity as
947 (1964), is misplaced. That case involved a
future agency decisions may threaten disclosure
an aider and abettor because the court found
statutory presumption which required the
of other affirmative action plans. Yet, Gulf's
that he did not actually or constructively possess
defendant to explain possession of a narcotic
fears on this account do not make this a situation
the heroin. We affirm.
drug to "the satisfaction of the jury." 21 U.S.C.
"capable of repetition, yet evading review."
Appellant does not dispute that a sale of heroin
$174 (1972). The presumption was repealed, as
occurred. The evidence was uncontradicted that
noted in Raper, supra, 219 U.S.App.D.C. at 253
while sitting in the front passenger seat of a car,
n.1, 676 F.2d at 851 n.1, and none is involved
We find that NOW's withdrawal of its FOIA
he had made the initial contact with a woman
here. The other cases relied on by appellant are
request has made Gulf's reverse-FOIA action en-
who then spoke to the seller. The seller then
appropriately distinguished in Raper, 219
tirely moot, including the portion of the District
handed the heroin to the driver of the car and
U.S.App.D.C. 252-54 n.1, 676 F.2d at 850-52 n.1
Court's injunction that prohibited disclosures of
took the pooled currency from appellant, who
(distinguishing United States v. Jackson, 526
"substantially similar" documents. This case
along with the driver, had taken money from his
F.2d 1236 (5th Cir. 1976), and United States v.
does not involve a challenge to the validity of the
pocket to pay for the drugs. The heroin was
Longoria, 569 F.2d 442 (5th Cir. 1978)).
DOL disclosure regulations, but a dispute based
found between appellant and the driver;
Affirmed.
on their application to a particular disclosure,
specifically the drugs were concealed between
which is no longer at issue. Even if there were a
the driver's seat and the console in the center of
the car.
MOOTNESS
case or controversy regarding similar documents
originally, which we seriously doubt, intervening
To convict of aiding and abetting in possession
(Cont'd. from p. 157)
events have made that dispute unripe. In addi-
of narcotics, the government is not required to
as applied to the decision to disclose Gulf's 1973
tion, the injunction as issued was overbroad.
show that a defendant was in constructive
affirmative action plan; no other documents had
Consequently, we reverse and remand with in-
possession of the drugs. United States v. Raper,
been requested and no other decisions to disclose
structions to the District Court to vacate its
219 U.S.App.D.C. 243, 252, 676 F.2d 841, 850
any of Gulf's documents had been made.
order and injunction and to dismiss this case.
(1982). In rejecting Raper's contention that his
Gulf argues that all of its affirmative action
So ordered.
conviction for possession with intent to
plans are SO similar that a decision to disclose
distribute narcotics had to be reversed because
one establishes a precedent that threatens
the government had failed to show that he was in
disclosure of any that are requested. This is a
JURISDICTION
actual or constructive possession of the seized
wholly specious argument. First, Gulf complete-
(Cont'd. from p. 157)
drugs, the United States Court of Appeals for
ly ignores the fact that, by virtue of NOW's
litigant one must look to the provisions of section
the District of Columbia Circuit viewed his argu-
withdrawal of its request for the 1973 plan,
ment that "one cannot aid and abet another's
337. There a litigant is afforded a right to appeal
there is no existing agency or judicial "prece-
in the following terms:
dent" regarding the disclosure of company affir-
CLASSIFIED
mative action plans. DOL's initial decision to
Any person adversely affected by a final
determination of the Commission under sub-
section (d), (e), or (f) of this section may appeal
OFFICE SPACE AVAILABLE
such determination, within 60 days after the
OFFICES FOR RENT
determination becomes final, to the United
Dupont Cr./Embassy's-exquisitely decorated, 9 ofcs.,
States Court of Appeals for the Federal Cir-
6000 sq. ft. townhouse incls. furnishings, kitchen, conf.
cuit for review in accordance with chapter 7
& storage rms., sec'yl. stations & parking. Contact
Two blocks from Judiciary Square,
of title 5.
Barry Maloney, 293-1414.
10x1/17-31
the courthouses, and major law
The Presidential action taken in this case is
Luxury law ofc. overlooks Farragut Park. Share up to
libraries. Ideal for small firms and
authorized by section 337(g) and, in particular, in
7,000 sq. ft. of entire 13K sq. ft. floor with prominent
(g)(2) which reads:
intellectual property firm. Enormous Fed. libr.,
sole practitioners.
beautifully decorated, recept., conf. lounge, & private
(2) If, before the close of the 60-day period
ofes. Very low-$21.75 sq. ft. plus share of facilities.
State of the art word processing,
beginning on the day after the day on which he
Call Ms. Foxx, 887-5555.
5x1/22-28
telephone, copier and other office
receives a copy of such determination, the
Judiciary Sq./Cap. Hill-Private ofcs. from
President, for policy reasons, disapproves
$150-500/mo. Furnished & unfurnished. 3 blocks to
equipment.
such determination and notifies the Commis-
courthouse or Capitol. One month free rent! 638-1977
Rent includes:
sion of his disapproval, then, effective on the
1/6-4/2MWF
date of such notice, such determination and the
818 18th St., N.W., 1/2 block from Metro-1 ofc. in suite
Phone answering
action taken under subsection (d), (e) or (f) of
Receptionist
this section with respect thereto shall have no
for 2 attnys. & share secy'l. exp. $450/mo. Furnishings
20x1/7-2/4
Conference room
force or effect.
for sale. 293-2520.
Bethesda, Air Rights Bldg. North-1 window ofc. in
Other amenities
Nothing in section 337(g) or elsewhere in the
suite w/ all amenities incl. telephones. Below market
LEXIS and secretarial service
statute provides a litigant with a right of review
rate, 1st class space. 656-7400
5x1/21-27
of the President's decision per se.
available.
The question then becomes whether there is a
1701 Pa. Ave., N.W.-furn., exterior ofc. avail. now in
reviewable final determination of the Commis-
sm. AV law firm incl. use of conf. rm./libr., prvt. bath &
Call or stop in today.
sion under (d), (e), or (f) which necessarily brings
shower, kitchen/file rm., recept. servs. Sec'y. servs.,
the President's decision before us for review
copier & postage avail. Call 298-8333.
5x1/17-24
717 D Street, N.W. Suite 300
because it is the foundation for that determina-
K St.-Full-time executive ofcs.; secy. & servs. For rent
628-6900
tion.
or in exchange for servs. 347-3100.
20x1/8-2/5
Under the statutory scheme, a determination
January 24, 1986
161
of the Commission under (d), (e), or (f), while ef-
The same language singled out by Duracell is
standards set out in the Housing Regulations for
fective immediately, becomes "final" for pur-
at least equally supportive of the conclusion that
the District of Columbia, is implied in the leases
pose of appeal only if the President approves or
the President acted for policy reasons. There is
of all residential rental housing in this jurisdic-
if the 60-day review period passes without his
no requirement in section 337 or in the
tion. Central to the court's far-reaching decision
disapproval. In this case, no determination of the
legislative history that the President articulate
in Javins was an awareness of the many unique
Commission has become final in view of the
or detail the reasons for his disapproval of a
problems experienced by tenants of rental hous-
President's disapproval. Further, no action
Commission determination. It is sufficient that
ing. Referring to these problems the Court
under (d), (e), or (f) was taken by the Commission
the President disapprove the determination for
stated:
following disapproval. Indeed, the parties repre-
his policy reasons. "Policy" is a broad concept
the relationship of landlord and tenant sug-
sent to the court that the Commission took no ac-
which includes, but is not limited to:
gests further compelling reasons for the law's
tion of any kind except to mark the file closed.
On the other hand, if we were to set aside the
impact on United States foreign relations,
protection of the tenants' legitimate expecta-
President's action and hold that the
economic and political * [and] upon the
tions of quality. The inequality in bargaining
Commission's determination became final, then
public health and welfare, competitive condi-
power between landlord and tenant has been
tions in the United States economy, the pro-
well documented. Tenants have very little
Duracell has no standing to appeal. It has not
duction of like or directly competitive articles
leverage to enforce demands for better hous-
been aggrieved by any Commission determina-
in the United States, and United States con-
ing. Various impediments to competition in the
tion.
sumers.
rental housing market, such as racial and class
Thus, as the statute is designed, the decision
discrimination and standardized form leases,
by the President is not reviewable either directly
"In the area of international trade, 'intimately
involved in foreign affairs,' "congressional
mean that landlords place tenants in a take it
or indirectly in this court and we must,
authorizations of presidential power should be
or leave it situation. The increasingly severe
therefore, dismiss for lack of jurisdiction.
given a broad construction and not "hemmed in"
shortage of adequate housing further in-
Presidential Action
or "cabined, cribbed, confined" by anxious
creases the landlord's bargaining power and
Alternatively, if our jurisdictional analysis is
judicial blinders.' Inasmuch as the President
escalates the need for maintaining and improv-
acted timely, stated that he was acting for policy
ing the existing stock.
incorrect, in the interest of complete disposition
should appellant be able to obtain further
reasons, and stated reasons other than the
Id., 138 U.S.App.D.C. at 377. (footnotes omit-
review, we conclude that Duracell's arguments
merits of whether there had been a violation of
ted)
with respect to the illegality of the President's
section 337, our inquiry must end. For the
The plaintiff's bald assertion that con-
disapproval must fail on the facts of this case.
reasons stated, the President must be held to
dominium owners are subject to the same disad-
There is no question that the President disap-
have acted according to law.
vantageous conditions as tenants of rental hous-
proved the determination involved herein within
ing cannot withstand scrutiny. The Council of
60 days. Duracell, however, argues that the
Conclusion
the District of Columbia has enacted legislation,
statute allows the President to disapprove for
There is no final determination of the Commis-
D.C. Code 45-1601, et seq., (1981 ed.) which is
policy reasons only. Duracell further asserts
sion for this court to review, and the appeal must
designed to protect tenants from condominium
that, because the President's disapproval in the
be dismissed for lack of jurisdiction.
conversion. In the preamble to this legislation,
present case was not for policy reasons, the
the Council made the following findings:
disapproval was invalid.
DISMISSED
(1) There is a continuing housing crisis in the
Duracell points to the legislative history and
District of Columbia;
cites the following language:
CLAUSE
(2) There is a severe shortage of rental hous-
Therefore, it was deemed appropriate by the
(Cont'd. from p. 157)
ing available to the citizens of the District of
Committee to permit the President to in-
above the unit from freezing. He contends that
Columbia
The vacancy rate is substantially
tervene before such determination and relief
Cary Schneider negligently failed to maintain
lower among units which can be afforded by
become final, when he determines that policy
the heat in his unit.¹
lower income tenants
reasons require it. The President's power to in-
(3) Conversion of rental units to con-
tervene would not be for the purpose of revers-
II. ALLEN PARK
dominiums or cooperatives depletes the rental
ing a Commission finding of a violation of sec-
Allen Park's motion is based upon an ex-
housing stock
These trends have been
tion 337; such finding is determined solely by
culpatory clause contained in its bylaws, which
thoroughly investigated and documented by
the Commission, subject to judicial review.
governed the condominium when the incident
two legislative study commissions
Duracell also cites Young Engineers, Inc.: "[t]he
which is the subject of this suit occurred. The
(4) Lower income tenants, particularly elderly
President may disapprove only 'for policy
clause states in pertinent part:
tenants, are the most adversely affected by
reasons,' not because of the merits of an in-
7.11 Limitation of Liability
conversions
vestigation." In this case the President included
the reasons for his disapproval with his letter to
The Association shall not be liable for
in-
These findings indicate that rather than being
the Commission on January 4, 1985. First, the
jury or damage to person or property caused
subject to the same adverse conditions as
President stated that he was disapproving the
by the elements or resulting from
water
renters, purchasers of condominium units are a
determination for policy reasons pursuant to sec-
which may leak or flow from any parts of
sector of the population able to avail themselves
tion 337(g)(2). Second, the President stated:
the common elements or from any
pipe
of a phenomenon, viz., condominium conversion,
Recognizing that this clause, if given effect, is
which substantially contributes to these condi-
The Departments of Treasury and Com-
fatal to his claim against Allen Park, the plaintiff
tions. Condominium purchasers are not general-
merce, on behalf of the Cabinet Council on
attacks its validity. The plaintiff makes a two-
ly poor as are many renters and, given the
Commerce and Trade, have solicited data from
pronged argument. He first asserts that the war-
saturation of the market with condominium con-
the public concerning the issue of parallel
ranty of habitability which is implied by opera-
version, do not suffer any inequality of bargain-
market importation and are reviewing
tion of law in all residential leases in the District
ing power. Purchasers of condominium units
responses with a view toward formulating a
cohesive policy in this area. Failure to disap-
of Columbia should be held to be applicable, with
clearly are not in a take it or leave it situation.
equal force and effect, to condominiums since
In addition to not being subject to the same
prove the Commission's determination could
be viewed as a change in the current policy
purchasers of condominiums are subject to the
market forces as tenants in acquiring housing,
same disadvantageous conditions as tenants of
purchasers of condominiums do not encounter
prior to the completion of this process.
rental housing. Next, citing cases in which ex-
the same problems as tenants in maintaining
Duracell focuses on that part of the
culpatory clauses in residential leases have been
their dwellings once they have been acquired.
President's disapproval which refers to the con-
held invalid because they amount to a waiver of
Purchasers of condominium units not only own
flict between the Commission's interpretation of
the implied warranty of habitability and, thus,
and exercise exclusive control over their units,
section 42 of the Lanham Act, the Treasury
contravene public policy, the plaintiff urges that
they also share with other condominium owners
Department's interpretation, and recent court
the same result is appropriate in the instant
an undivided fee simple interest in the common
decisions. The President stated that he wanted
case.
elements of the property. D.C. Code 45-1706(a)
to avoid the appearance of an alteration of the
In the landmark case of Javins V. First Na-
(1981 ed.). The condominium property is self
Treasury Department's interpretation. Duracell
tional Realty Corp., 138 U.S.App.D.C. 369, 428
governed by an association, comprised of all of
argues that the President's disapproval was for
F.2d 1071 (1970), the United States Court of Ap-
the unit owners, which adopts its own set of
"legal reasons." Duracell's approach requires
peals for the District of Columbia Circuit held
bylaws. D.C. Code §45-1841(a) (1981 ed.). Thus,
one to give no effect to the President's state-
that a warranty of habitability, measured by the
unlike the lessees of rental units, condominium
ment that he acted expressly for policy reasons
owners have substantial leverage to implement
as required, or to his express statement that
1. Condominium Management, Inc. which is also being sued
needed repairs and improvements. Therefore,
disapproval was necessary to confirm his ex-
for its alleged failure to close air vents on the roof has not moved
the court concludes that the rationale underlying
isting policy.
for summary judgment.
the Javins decision has no application to con-
162
THE DAILY WASHINGTON LAW REPORTER
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January 24, 1986
163
dominiums and discerns no basis for holding that
contravenes. Moreover, the exculpatory clause
In this case, while it is undisputed that the ten-
condominium property is protected by an implied
was clearly supported by consideration because
ant, Cary Schneider, had signed a lease for Ms.
warranty of habitability.
each owner received the potential benefit of its
Houlbreque's apartment prior to the flooding in-
The court's holding that no implied warranty
limitation on liability. Therefore, the court shall
cident, the court is unwilling to grant summary
of habitability applies to the plaintiff's property
grant judgment in favor of Allen Park on the
judgment in favor of Ms. Houlbreque given the
deals a death blow to his argument that the ex-
basis of the exculpatory clause in its bylaws.
incompleteness of the record and the fact that
culpatory clause in the condominium bylaws is
the parties have not taken the opportunity to ad-
invalid because it contravenes public policy. In
III. ISABELLE HOULBREQUE
dress certain potentially material issues. For in-
the District of Columbia and other jurisdictions,
Isabelle Houlbreque, the owner of unit 304,
stance, on the last page of her motion, defendant
the public policy basis for invalidating contracts
argues that the plaintiff's allegations are too
Houlbreque states:
has been narrowly construed. In an early case,
In addition, it is also undisputed that there was
the District of Columbia Court of Appeals ar-
speculative to establish an issue of material fact
as to whether the temperature in her apartment
no thermostat measuring temperature in
ticulated the foundation for this principle:
caused the pipes to freeze. While the record
defendant Houlbreque's unit to control the
After a party has deliberately made his con-
reflects that the pipes above defendant Houl-
heat. (Defendant Schneider's Answers to
tract, and received the consideration therefor,
breque's apartment burst during a period of
Plaintiff's Second Set of Interrogatories, No.
it must plainly appear that it contravenes
unusually frigid weather, defendant Houlbreque
2; Exhibit D).
public policy before the courts will declare it
has not attempted to establish in her statement
void upon that ground. For, as said by the
of material facts not in dispute that the heat in
The record is devoid of further explanation as to
her unit was maintained at any particular level.
what is meant by the statement that there was
Master of Rolls, Sir George Jessel, in Printing
no thermostat, and whether this was a conse-
Co. V. Sampson, L.R. 19 Eq. Cas. 462, 'It must
Indeed, Cary Schneider, the tenant who OC-
cupied Ms. Houlbreque's unit at the time of the
quence of the normal design of the building or a
not be forgotten that we are not to extend ar-
defective condition of the apartment. Nor has
bitrarily those rules which say that a given
incident, has indicated that for the purposes of
the absence of a thermostat been established in
contract is void, as being against public policy,
his motion for summary judgment he is willing to
concede that he provided no heat to the unit. In
any of the parties' statements of material facts
because if there is one thing which more than
another public policy requires, it is that men of
cases such as this where essential disputed facts
not in dispute. Additionally, defendant Houl-
are exclusively within the knowledge of the mov-
breque has not attempted to establish in her
full age and competent understanding shall
statement of material facts not in dispute that
have the utmost liberty of contracting, and
ing party, there is a general policy against grant-
that their contracts when entered into freely
ing summary judgment. See Cellini V. Moss, 98
her tenant, Mr. Schneider, had actually assumed
and voluntarily, shall be held sacred, and shall
U.S.App.D.C. 114, 116 (1956). Thus, the court
possession and control of the unit by December
believes that the plaintiff's allegations, while of
26th. The ambiguity of the record in these
be enforced by courts of justice. Therefore, we
necessity speculative, are sufficient in the con-
respects leads the court to conclude that sum-
have this paramount public policy to con-
text of this record to raise the issue of causation
mary judgment in favor of defendant Houl-
sider-that we are not likely to interfere with
this freedom of contract.' That is but saying,
to the level of a disputed fact.
breque would be inappropriate.
that substantial justice and the obligation of
Another argument advanced by Ms. Houl-
contracts are entitled to superior consideration
breque is that she cannot be held liable for the
IV. CARY SCHNEIDER
to the vague and indefinite notions of public
damage caused by burst pipes because she had
Cary Schneider first leased unit 304 on
policy, urged to avoid a contract for which the
no control over nor duty to maintain the common
December 15, 1983. Thereafter, he began mov-
party has received full consideration.
area of the condominium where the pipes were
ing his possessions into the unit, although he was
located. This argument misses the point. The
Godfrey V. Roessle, 5 App.D.C. 299, 303-304
not living there during the eleven days between
plaintiff's contention is that Ms. Houlbreque's
the 15th and the 26th of December, the date of
(1895).
The Godfrey rationale was reaffirmed in Lan-
negligent use of her own unit is what caused the
the flooding incident. For purposes of his mo-
damage to the pipes. Thus, the arguments ad-
tion, Schneider is willing to concede that he pro-
da V. Astin, 90 U.S.App.D.C. 86, 193 F.2d 369
vanced by Ms. Houlbreque as a basis for sum-
vided no heat to his unit and that he was bound
(1951). The court stated:
mary judgment are without merit.
by the condominium bylaws.
The primary rule of public policy in respect
While not addressed by any of the parties, an
Citing a plethora of cases, which hold that
to the enforcement of agreements is that 'com-
alternative ground for summarily resolving the
tenants are not liable for injury resulting from
petent persons shall have the utmost liberty of
claim against Ms. Houlbreque has been con-
the condition of common areas, Schneider con-
contracting and that their agreements volun-
sidered by the court. Where a landlord has sur-
tends that he as a tenant had no duty to maintain
tarily and fairly made shall be held valid and
rendered control of the premises to the tenant,
the common areas of the building. He asserts
enforced in the courts.
The principle
the landlord is ordinarily not liable for injury or
that since the pipes which burst were in a com-
that contracts in contravention of public policy
damage caused by the tenant's negligent use of
mon area, he was without liability as a matter of
are not enforceable should be applied with cau-
the property. Amoco Oil V. Environmental Pro-
law since he was not under any duty to exercise
tion and only in cases plainly within the
tection Agency, 177 U.S.App.D.C. 123, 543 F.2d
reasonable care with respect to the pipes.
reasons on which the doctrine rests.
270 (1976), Dunkley V. Thaxton, 274 F.Supp. 723
Schneider also argues that he was under no duty
Id., 90 U.S.App.D.C. at 88 (quoting Twin City
(D. Va. 1967); 49 Am.Jur.2d §908 ("The liability
to take affirmative steps to benefit other parties
of the landlord is, as a general rule, suspended as
and that to maintain heat was such an affir-
Pipe Line Co. V. Harding Glass Co., 283 U.S.
soon as he surrenders possession and control of
mative step.4
353, 356-57 (1931).2
Application of the holdings in Godfrey and
the premises in good condition to the lessee"); 52
Mr. Schneider's arguments are unpersuasive
C.J.S. $$432, 437, 438. Application of this princi-
because they do not respond to the plaintiff's
Landa compels the court to sustain the validity
ple to this case would absolve Ms. Houlbreque of
claims. The plaintiff does not contend that Mr.
of the exculpatory clause in Allen Park's bylaws.
Other than a supposed implied warranty of
liability for any damage to the plaintiff's apart-
Schneider breached a duty to maintain the pipes,
ment. There are certain exceptions to this doc-
a straw man which Mr. Schneider has struck
habitability applicable to condominiums, a notion
trine, however. For instance, the landlord may
down with a vengeance, but rather that he
which the court rejects, the plaintiff has not
be liable where she has retained control over the
breached a duty related to the maintenance of
asserted any other public policy which the clause
premises or leased the premises in a defective
the condition of the apartment unit which he had
condition.3
leased and over which he assertedly had control.
2. Accord, Nyhus V. Travel Management Corporation, 151
U.S.App.D.C. 269, 279, 466 F.2d 440, 450 (1972); Rutter V. Arl-
Although it is true that landlords alone are liable
3. "A landlord who transfers the possession of the property in
ington Park Jockey Club, 510 F.2d 1065 (7th Cir. 1975) (Illinois
a condition which he realizes or should realize may involve
for injuries resulting from the condition of com-
courts apply a strict test in determining when public policy in-
unreasonable risk of injury to the property of others outside the
terest will invalidate a contract; such test is not satisfied merely
land is subject to the same liability as though he had remained in
4. The plaintiff claims that defendant Schneider has violated
by showing that the state regulates the business which made the
possession and the landlord is not relieved [of liability] by
provisions of the bylaws as set forth below:
contract); Jackson V. Sam Finley, Inc., 366 F.2d 148 (5th Cir.
reason of the fact that the tenant knew of the conditions." 52
1966) (under Mississippi law, a showing that a contract is pro-
(a) Section 7.7.2-for failure to keep the interior of the unit
C.J.S. $432. (footnotes omitted). 52 C.J.S. $438 illustrates this
hibited by express terms or fair implication of a statute or
(i.e., the heat) in good order, condition and repair.
principle with facts somewhat similar to those in the instant case:
judicial decision is required to declare it unenforceable as con-
(b) Section 9.6-for maintaining the unit in such a way that it
trary to public policy); Heaton Distributing Co. V. Union Tank
a tenant will be liable for injuries to the property of a coten-
interfered with plaintiff's peaceful possession of his unit and
Car Co., 387 F.2d 477 (8th Cir. 1967) (Unless there is a compell-
ant on a lower floor resulting from the negligence of the tenant
for causing a nuisance by his failure to keep the heat at the
ing legal reason, courts should uphold contracts rather than
of an upper floor in allowing water to escape, when the latter is
proper level.
strike them down on grounds of public policy); Aerojet-General
in exclusive possession of the premises where the negligence
(c) Section 9.11-for maintaining an activity (i.e. improper
Corp. V. Kirk, 318 F.Supp. 55 (D. Fla. 1970), aff'd. 453 F.2d 819,
occurred
a tenant will not be liable for damage to the prop-
level of heat) which will increase the rate of insurance on the
cert. denied, 409 U.S. 892 (1972). (A contract is not void as
erty of a cotenant where such damage resulted from defective
condominium's common elements or any units therein.
against public policy unless it is injurious to the interests of the
facilities in the control and possession of the landlord
So
public or contravenes some established interest of society, and
the tenant will not be liable for damage done by water,
Because the court has concluded that defendant Schneider is not
thus contracts are not void as contrary to public policy unless
although the source of the injury was in the part of the
entitled to summary judgment on other grounds, it does not
they are either agreements to effect some unlawful or socially
premises demised to him, where the landlord was in control of
reach the issue of whether he violated the bylaws or whether the
repugnant end, or agreements to effect some lawful end by
the water system, and the tenant is not shown to be guilty of
plaintiff has a cause of action based upon Schneider's alleged
unlawful or socially repugnant means).
negligence.
violation of the condominium's bylaws.
164
THE DAILY WASHINGTON LAW REPORTER
mon areas under their control, the weight of
Eleanor Averitt Garst, deceased
Probate Division
authority establishes that a tenant is liable for
Notice of Appointment, Notice to Creditors
Administration No. 25-86
damage caused by his negligence with respect to
and Notice to Unknown Heirs
West Alexander Hamilton a/k/a
property over which he has control. Amoco Oil V.
Eugenia G. Lennon, whose address is 4619 Greene
West A. Hamilton, deceased
Environmental Protection Agency, 177
Place, N.W., Washington, D.C. 20007, was appointed
Jesse O. Dedmon, Jr. & Charles H. O'Banion, Attorneys
U.S.App.D.C. 123, 543 F.2d 270 (1976), Dunkley
Personal Representative of the estate of Eleanor
666 11th Street, N.W., #515
V. Thaxton, 274 F.Supp. 723 (D. Va. 1967); 49
Averitt Garst, who died on December 10, 1985, with a
Washington, D.C. 20001
Will. All unknown heirs and heirs whose whereabouts
Am.Jur.2d §908; 52 C.J.S. $$432, 437, 438.
Notice of Appointment, Notice to Creditors
are unknown shall enter their appearance in this pro-
and Notice to Unknown Heirs
Therefore, Mr. Schneider is not entitled to sum-
ceeding. Objections to such appointment (or to the pro-
Jesse 0. Dedmon, Jr., whose address is 666 11th
mary judgment.
bate of decedent's Will) shall be filed with the Register
Street, N.W., #515, Washington, D.C. 20001, was ap-
For the above-stated reasons, it is this 19th
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
pointed Personal Representative of the estate of West
day of December, 1985, hereby,
D.C. 20001, on or before February 26, 1986. Claims
Alexander Hamilton a/k/a West A. Hamilton, who died
ORDERED, that the motion of Allen Park for
against the decedent shall be presented to the under-
on December 22nd, 1985, with a Will. All unknown
summary judgment be, and the same is, granted,
signed with a copy to the Register of Wills or to the
heirs and heirs whose whereabouts are unknown shall
and it is,
Register of Wills with a copy to the undersigned, on or
enter their appearance in this proceeding. Objections to
FURTHER ORDERED, that Isabelle Houl-
before February 26, 1986, or be forever barred. Per-
such appointment (or to the probate of decedent's Will)
breque's and Cary Schneider's motions for sum-
sons believed to be heirs or legatees of the decedent who
shall be filed with the Register of Wills, D.C., 500 In-
mary judgment be, and the same are, denied.
do not receive a copy of this notice by mail within 25
diana Avenue, N.W., Washington, D.C. 20001, on or
days of its publication shall SO inform the Register of
before July 24, 1986. Claims against the decedent shall
LEGAL NOTICES
Wills, including name, address and relationship.
be presented to the undersigned with a copy to the
(Cont'd. from p. 159)
EUGENIA G. LENNON. Name of Newspaper:
Register of Wills or to the Register of Wills with a copy
Washington Law Reporter. TRUE TEST COPY.
to the undersigned, on or before July 24, 1986, or be
PUBLIC AUCTION
Henry L. Rucker, Register of Wills. [Seal.]
Jan. 24.
forever barred. Persons believed to be heirs or legatees
of the decedent who do not receive a copy of this notice
GRAY, Carol Renee
Deceased
Garagekeeper's lien on a '71 Mercedes-Benz 4 dr. hdtp.,
by mail within 25 days of its first publication shall so in-
ser. no. 11401112003191. Sale to be held on Feb. 3, '86
Superior Court of the District of Columbia
form the Register of Wills, including name, address and
at 9:30 a.m. at 714 E St., S.E., Washington, D.C. Seller
Probate Division
relationship. JESSE O. DEDMON, JR. First Published:
reserves the right to bid.
Jan. 17, 24, 31.
Administration No. 16-86
Jan. 24, 1986. TRUE TEST COPY. Henry L. Rucker,
Carol Renee Gray a/k/a Carol R. Gray, deceased
Register of Wills. [Seal.]
Jan. 24, 31, Feb. 7.
FIRST INSERTION
Brett E. Murchison-Smith, Attorney
3005 Georgia Avenue, N.W., Wash., D.C.
LANGA, Elizabeth C.
Deceased
CASERTA, Isabel Chaly
Deceased
Notice of Appointment, Notice to Creditors
Superior Court of the District of Columbia
and Notice to Unknown Heirs
Probate Division
Superior Court of the District of Columbia
F. Eyvonne Gray, whose address is 6816 32nd Street,
Administration No. 21-86
Probate Division
N.W., Washington, D.C., was appointed Personal
Foreign No. 4-86
Elizabeth C. Langa, deceased
Representative of the estate of Carol Renee Gray a/k/a
Isabel Chaly Caserta, Deceased
Susan C. Chaires, Attorney
Carol R. Gray, who died on March 20, 1984, with a Will.
Notice of Appointment of Foreign Personal
1818 N Street, N.W., Washington, D.C. 20036
All unknown heirs and heirs whose whereabouts are
Representative and Notice to Creditors
Notice of Appointment, Notice to Creditors
unknown shall enter their appearance in this pro-
and Notice to Unknown Heirs
Colleen E. Steinman and Yvonne Wright, whose ad-
ceeding. Objections to such appointment (or to the pro-
dresses are 1800 Old Meadow Road, Apt. 1708, McLean,
Helen Susan Langa, whose address is 3407 A Mt.
bate of decedent's Will) shall be filed with the Register
VA 22102 and 2519 Cravey Drive, Atlanta, GA 30345,
Pleasant St., N.W., Washington, D.C. 20010, was ap-
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
were appointed Personal Representatives of the estate
pointed Personal Representative of the estate of
D.C. 20001, on or before July 24, 1986. Claims against
of Isabel Chaly Caserta, deceased, on October 4, 1985,
Elizabeth C. Langa, who died on October 8, 1985, with a
the decedent shall be presented to the undersigned with
Will. All unknown heirs and heirs whose whereabouts
by the Probate Court for Arlington County, State of
a copy to the Register of Wills or to the Register of
Virginia. Service of process may be made upon Deborah
are unknown shall enter their appearance in this pro-
Wills with a copy to the undersigned, on or before July
Colleen Kiser, 2900 Connecticut Ave., N.W.,
ceeding. Objections to such appointment (or to the pro-
24, 1986, or be forever barred. Persons believed to be
Washington, D.C. 20008, whose designation as District
bate of decedent's Will) shall be filed with the Register
heirs or legatees of the decedent who do not receive a
of Columbia agent has been filed with the Register of
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
copy of this notice by mail within 25 days of its first
Wills, D.C. The decedent owned District of Columbia
D.C. 20001, on or before July 24, 1986. Claims against
publication shall SO inform the Register of Wills, in-
personal property. COLLEEN E. STEINMAN, Co-
the decedent shall be presented to the undersigned with
cluding name, address and relationship. F. EYVONNE
Executrix; YVONNE F. WRIGHT, Co-Executrix. Date
a copy to the Register of Wills or to the Register of
GRAY. First Published: Jan. 24, 1986. TRUE TEST
of first publication: Jan. 24, 1986. TRUE TEST COPY.
Wills with a copy to the undersigned, on or before July
COPY. Henry L. Rucker, Register of Wills. [Seal.]
Henry L. Rucker, Register of Wills. [Seal.]
24, 1986, or be forever barred. Persons believed to be
Jan. 24, 31, Feb. 7.
Jan. 24, 31, Feb. 7.
heirs or legatees of the decedent who do not receive a
HAMILTON, James L.
Deceased
copy of this notice by mail within 25 days of its first
COATES, George W.
Deceased
publication shall SO inform the Register of Wills, in-
SUPERIOR COURT OF THE DISTRICT OF COLUM-
cluding name, address and relationship. HELEN
Superior Court of the District of Columbia
BIA. Probate Division. Estate of James L. Hamilton,
SUSAN LANGA. First Published: Jan. 24, 1986.
Probate Division
Deceased. Administration No. 101-85. ORDER OF
TRUE TEST COPY. Henry L. Rucker, Register of
Administration No. 50-86 S.E.
PUBLICATION. Application having been made by the
Wills. [Seal.]
Jan. 24, 31, Feb. 7.
George W. Coates, deceased
District of Columbia for a finding that the above-named
Notice of Appointment, Notice to Creditors
decedent died intestate without heirs-at-law or next of
and Notice to Unknown Heirs
kin within the relationship recognized by the laws of
LEARNARD, James C.
Deceased
Garfield Coates, whose address is 126 44th Street,
devolution and descent, and for a decree that said dece-
Superior Court of the District of Columbia
N.W., Washington, D.C. 20019, was appointed Per-
dent's property escheat to the District of Columbia pur-
Probate Division
sonal Representative of the estate of George W. Coates,
suant to applicable law, it is by the Court this 24th day
Administration No. 7-86
who died on December 31, 1985, without a Will. All
of December, 1985, ORDERED: That the unknown
James C. Learnard, deceased
unknown heirs and heirs whose whereabouts are
heirs-at-law and next of kin of James L. Hamilton, if
Robert B. Yorty, Attorney
unknown shall enter their appearance in this pro-
any, and all others interested, appear in said Court on
Pierson, Ball & Dowd
ceeding. Objections to such appointment shall be filed
the 26th day of March, 1986, at 9:30 a.m. before the
1200 18th Street, N.W., Washington, D.C. 20036
with the Register of Wills, D.C., 500 Indiana Avenue,
Fiduciary Judge and show cause, if any, why such ap-
Notice of Appointment, Notice to Creditors
N.W., Washington, D.C. 20001, on or before February
plication should not be granted. Let notice hereof be
and Notice to Unknown Heirs
26, 1986. Claims against the decedent shall be
published twice a month for three consecutive months
Robert Perry Learnard, whose address is 746
presented to the undersigned with a copy to the
prior to said date in the Washington Law Reporter and
Lunalilo Home Road, Honolulu, Hawaii 96825, was ap-
Register of Wills or to the Register of Wills with a copy
the Washington Afro-American. /s/ GLADYS
pointed Personal Representative of the estate of James
to the undersigned, on or before February 26, 1986, or
KESSLER, Judge. [Seal.] A True Copy. Attest:
C. Learnard, who died on October 25, 1985, without a
be forever barred. Persons believed to be heirs or
ROSEMARY NUNN, Deputy Register of Wills for the
Will. All unknown heirs and heirs whose whereabouts
legatees of the decedent who do not receive a copy of
District of Columbia, Clerk of the Probate Division.
are unknown shall enter their appearance in this pro-
this notice by mail within 25 days of its publication shall
Barbara Mann, Attorney, Assistant Corporation
ceeding. Objections to such appointment shall be filed
so inform the Register of Wills, including name, address
Counsel, D.C., 500 Indiana Ave., N.W., #4450, Wash.,
with the Register of Wills, D.C., 500 Indiana Avenue,
and relationship. GARFIELD COATES. Name of
D.C. 20001.
Jan. 24, 29, Feb. 4, 18, Mar. 4, 11.
N.W., Washington, D.C. 20001, on or before July 26,
Newspaper: Washington Law Reporter. TRUE TEST
1986. Claims against the decedent shall be presented to
COPY. Henry L. Rucker, Register of Wills. [Seal.]
HAMILTON, West Alexander
Deceased
the undersigned with a copy to the Register of Wills or
Jan. 24.
Superior Court of the District of Columbia
to the Register of Wills with a copy to the undersigned,
on or before July 26, 1986, or be forever barred. Per-
GARST, Eleanor Averitt
Deceased
sons believed to be heirs or legatees of the decedent who
Superior Court of the District of Columbia
Aclassifiedadi in The Daily Washington
do not receive a copy of this notice by mail within 25
Probate Division
Law Reporter brings quick results.
days of its first publication shall so inform the Register
Administration No. 71-86 S.E.
of Wills, including name, address and relationship. R.P.
January 24, 1986
165
LEARNARD. First Published: Jan. 24, 1986. TRUE
forever barred. Persons believed to be heirs or legatees
TEST COPY. Henry L. Rucker, Register of Wills.
of the decedent who do not receive a copy of this notice
SECOND INSERTION
[Seal.]
Jan. 24, 31, Feb. 7.
by mail within 25 days of its first publication shall SO in-
form the Register of Wills, including name, address and
ENNIS, Violet S.
Deceased
MARKHAM, Marion G.
Deceased
relationship. RICHARD F. OLSON; LARRY 0.
Superior Court of the District of Columbia
Superior Court of the District of Columbia
OLSON. First Published: Jan. 24, 1986. TRUE TEST
Probate Division
Probate Division
COPY. Henry L. Rucker, Register of Wills. [Seal.]
Administration No. 2737-85
Administration No. 22-86
Jan. 24, 31, Feb. 7.
Violet S. Ennis, deceased
Marion G. Markham, deceased
Edward M. Statland, Attorney
PUGHSLEY, Pansy B.
Deceased
R. Graydon Ripley, Attorney
3019 Davidsonville Road
1101 17th Street, N.W., Washington, D.C. 20036
Superior Court of the District of Columbia
Davidsonville, MD 21035
Notice of Appointment, Notice to Creditors
Probate Division
Notice of Appointment, Notice to Creditors
and Notice to Unknown Heirs
Administration No. 2759-85
and Notice to Unknown Heirs
Edward M. Statland, whose address is 1101 17th
Pansy B. Pughsley, deceased
Roy A. Fisher, whose address is 7903 Chestnut
Street, N.W., #406, Washington, D.C. 20036, was ap-
Matthew F. Shannon, Attorney
Avenue, Bowie, Maryland 20715, was appointed Per-
pointed Personal Representative of the estate of Marion
1331 Michigan Avenue, N.E.
sonal Representative of the estate of Violet S. Ennis,
G. Markham, who died on Dec. 24, 1985, with a Will. All
Washington, D.C. 20017
unknown heirs and heirs whose whereabouts are
who died on April 23, 1985, with a Will. All unknown
Notice of Appointment, Notice to Creditors
heirs and heirs whose whereabouts are unknown shall
unknown shall enter their appearance in this pro-
and Notice to Unknown Heirs
enter their appearance in this proceeding. Objections to
ceeding. Objections to such appointment (or to the pro-
Matthew F. Shannon, whose address is 1331
such appointment (or to the probate of decedent's Will)
bate of decedent's Will) shall be filed with the Register
Michigan Avenue, N.E., Washington, D.C. 20017, was
shall be filed with the Register of Wills, D.C., 500 In-
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
appointed Personal Representative of the estate of Pan-
diana Avenue, N.W., Washington, D.C. 20001, on or
D.C. 20001, on or before July 24, 1986. Claims against
sy B. Pughsley, who died on December 28, 1985, with a
the decedent shall be presented to the undersigned with
before July 17, 1986. Claims against the decedent shall
Will. All unknown heirs and heirs whose whereabouts
a copy to the Register of Wills or to the Register of
be presented to the undersigned with a copy to the
are unknown shall enter their appearance in this pro-
Wills with a copy to the undersigned, on or before July
Register of Wills or to the Register of Wills with a copy
ceeding. Objections to such appointment (or to the pro-
24, 1986, or be forever barred. Persons believed to be
to the undersigned, on or before July 17, 1986, or be
bate of decedent's Will) shall be filed with the Register
heirs or legatees of the decedent who do not receive a
forever barred. Persons believed to be heirs or legatees
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
copy of this notice by mail within 25 days of its first
of the decedent who do not receive a copy of this notice
D.C. 20001, on or before July 24, 1986. Claims against
publication shall SQ inform the Register of Wills, in-
by mail within 25 days of its first publication shall so in-
the decedent shall be presented to the undersigned with
cluding name, address and relationship. EDWARD M.
form the Register of Wills, including name, address and
a copy to the Register of Wills or to the Register of
STATLAND. First Published: Jan. 24, 1986. TRUE
relationship. ROY A. FISHER, JR. First Published:
Wills with a copy to the undersigned, on or before July
TEST COPY. Henry L. Rucker, Register of Wills.
24, 1986, or be forever barred. Persons believed to be
Jan. 17, 1986. TRUE TEST COPY. Henry L. Rucker,
[Seal.]
Jan. 24, 31, Feb. 7.
Register of Wills. [Seal]
Jan. 17, 24, 31.
heirs or legatees of the decedent who do not receive a
MEYER, Jerome H.
Deceased
copy of this notice by mail within 25 days of its first
FERGUSON, Cora Lee
Deceased
publication shall SO inform the Register of Wills, in-
Superior Court of the District of Columbia
cluding name, address and relationship. MATTHEW F.
Superior Court of the District of Columbia
Probate Division
Probate Division
SHANNON. First Published: Jan. 24, 1986. TRUE
Administration No. 30-86
Administration No. 2718-85
TEST COPY. Henry L. Rucker, Register of Wills.
Jerome H. Meyer, deceased
[Seal.]
Jan. 24, 31, Feb. 7.
Cora Lee Ferguson, deceased
Notice of Appointment, Notice to Creditors
Paul J. DiPiazza, Attorney
and Notice to Unknown Heirs
Lerch, Early, Roseman and Frankel, Chartered
THYSON, Catherine P.
Deceased
Ronald J. and Robert A. Meyer, whose addresses are
7101 Wisconsin Avenue, Suite 1300
9800 Canal Rd., Gaithersburg, MD 20879 and 8623 Dix-
Superior Court of the District of Columbia
Bethesda, Maryland 20814
ie Place, McLean, VA 22102, respectively, were ap-
Probate Division
Notice of Appointment, Notice to Creditors
pointed Personal Representatives of the estate of
Administration No. 51-86 S.E.
and Notice to Unknown Heirs
Jerome H. Meyer, who died on December 25, 1985, with
Catherine P. Thyson, deceased
Hans Bremer and Shirley Bremer, whose address is
a Will. All unknown heirs and heirs whose whereabouts
Notice of Appointment, Notice to Creditors
3606 Faircastle Drive, Chevy Chase, Maryland 20815,
are unknown shall enter their appearance in this pro-
and Notice to Unknown Heirs
were appointed Personal Representatives of the estate
ceeding. Objections to such appointment (or to the pro-
Paul F. Cain, whose address is 1921 Cradock Street,
of Cora Lee Ferguson, who died on November 27, 1985,
bate of decedent's Will) shall be filed with the Register
Silver Spring, Maryland 20904, was appointed Personal
with a Will. All unknown heirs and heirs whose
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
Representative of the estate of Catherine P. Thyson,
whereabouts are unknown shall enter their appearance
D.C. 20001, on or before July 24, 1986. Claims against
who died on Dec. 6, 1985, with a Will. All unknown
in this proceeding. Objections to such appointment (or
the decedent shall be presented to the undersigned with
heirs and heirs whose whereabouts are unknown shall
to the probate of decedent's Will) shall be filed with the
a copy to the Register of Wills or to the Register of
enter their appearance in this proceeding. Objections to
Register of Wills, D.C., 500 Indiana Avenue, N.W.,
Wills with a copy to the undersigned, on or before July
such appointment (or to the probate of decedent's Will)
Washington, D.C. 20001, on or before July 17, 1986.
24, 1986, or be forever barred. Persons believed to be
shall be filed with the Register of Wills, D.C., 500 In-
Claims against the decedent shall be presented to the
heirs or legatees of the decedent who do not receive a
diana Avenue, N.W., Washington, D.C. 20001, on or
undersigned with a copy to the Register of Wills or to
copy of this notice by mail within 25 days of its first
before February 25, 1986. Claims against the decedent
the Register of Wills with a copy to the undersigned, on
publication shall SO inform the Register of Wills, in-
shall be presented to the undersigned with a copy to the
or before July 17, 1986, or be forever barred. Persons
cluding name, address and relationship. RONALD J.
Register of Wills or to the Register of Wills with a copy
believed to be heirs or legatees of the decedent who do
MEYER; ROBERT A. MEYER. First Published: Jan.
to the undersigned, on or before February 25, 1986, or
not receive a copy of this notice by mail within 25 days
24, 1986. TRUE TEST COPY. Henry L. Rucker,
be forever barred. Persons believed to be heirs or
of its first publication shall SO inform the Register of
Register of Wills. [Seal.]
Jan. 24, 31, Feb. 7.
legatees of the decedent who do not receive a copy of
Wills, including name, address and relationship. HANS
this notice by mail within 25 days of its publication shall
BREMER; SHIRLEY BREMER. First Published: Jan.
OLSON, Thelma S.
Deceased
SO inform the Register of Wills, including name, address
17, 1986. TRUE TEST COPY. Henry L. Rucker,
Superior Court of the District of Columbia
and relationship. PAUL F. CAIN. Name of Newspaper:
Register of Wills. [Seal.]
Jan. 17, 24, 31.
Probate Division
Washington Law Reporter. TRUE TEST COPY.
FIELDS, Russell J.
Deceased
Administration No. 2748-85
Henry L. Rucker, Register of Wills. [Seal.]
Jan. 24.
Thelma S. Olson, deceased
Superior Court of the District of Columbia
Ronald D. Aucutt, Attorney
WEISS, Michael A.
Deceased
Probate Division
655 Fifteenth Street, N.W.
Superior Court of the District of Columbia
Administration No. 2745-85
Washington, D.C. 20005
Probate Division
Russell J. Fields, deceased
Notice of Appointment, Notice to Creditors
Foreign No. 3-86
Barnum L. Colton, Jr., Attorney
and Notice to Unknown Heirs
Michael A. Weiss, Deceased
1090 Vermont Avenue, N.W., Suite 640
Richard F. Olson and Larry O. Olson, whose ad-
Notice of Appointment of Foreign Personal
Washington, D.C. 20005
dresses are 1043 A1A, Apt. 19-D, Hillsboro Beach,
Representative and Notice to Creditors
Notice of Appointment, Notice to Creditors
Pompano Beach, FL 33062 and 11510 S. Glen Road,
Ann M. Weiss, whose address is 117 Court Street,
and Notice to Unknown Heirs
Potomac, MD 20854, were appointed Personal
Penn Yan, New York 14527, was appointed Personal
The Riggs National Bank of Washington, D.C., whose
Representatives of the estate of Thelma S. Olson, who
Representative of the estate of Michael A. Weiss,
address is Trust Department Office, 1120 Vermont
died on September 22, 1985, with a Will. All unknown
deceased, on March 12, 1985, by the Fairfax Circuit
Avenue, N.W., Washington, D.C. 20005, was appointed
heirs and heirs whose whereabouts are unknown shall
Court for Fairfax County, State of Virginia. Service of
Personal Representative of the estate of Russell J.
enter their appearance in this proceeding, Objections to
process may be made upon Robert E. Madden, 1301
Fields, who died on November 3, 1985, with a Will. All
such appointment (or to the probate of decedent's Will)
Pennsylvania Ave., Suite 1200, Wash., D.C. 20004,
unknown heirs and heirs whose whereabouts are
shall be filed with the Register of Wills, D.C., 500 In-
whose designation as District of Columbia agent has
unknown shall enter their appearance in this pro-
diana Avenue, N.W., Washington, D.C. 20001, on or
been filed with the Register of Wills, D.C. The decedent
ceeding. Objections to such appointment (or to the pro-
before July 24, 1986. Claims against the decedent shall
owned District of Columbia personal property. ANN M.
bate of decedent's Will) shall be filed with the Register
be presented to the undersigned with a copy to the
WEISS. Date of first publication: Jan. 24, 1986. TRUE
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
Register of Wills or to the Register of Wills with a copy
TEST COPY. Henry L. Rucker, Register of Wills.
D.C. 20001, on or before July 17, 1986. Claims against
to the undersigned, on or before July 24, 1986, or be
[Seal.]
Jan. 24, 31, Feb. 7.
the decedent shall be presented to the undersigned with
166
THE DAILY WASHINGTON LAW REPORTER
a copy to the Register of Wills or to the Register of
don, who died on December 16, 1985, with a Will. All
Street, N.E., Apt. 305, Washington, D.C. 20011, was
Wills with a copy to the undersigned, on or before July
unknown heirs and heirs whose whereabouts are
appointed Personal Representative of the estate of
17, 1986, or be forever barred. Persons believed to be
unknown shall enter their appearance in this pro-
Douglas M. Richardson, who died on November 17,
heirs or legatees of the decedent who do not receive a
ceeding. Objections to such appointment (or to the pro-
1985, without a Will. All unknown heirs and heirs whose
copy of this notice by mail within 25 days of its first
bate of decedent's Will) shall be filed with the Register
whereabouts are unknown shall enter their appearance
publication shall SO inform the Register of Wills, in-
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
in this proceeding. Objections to such appointment shall
cluding name, address and relationship. THE RIGGS
D.C. 20001, on or before July 17, 1986. Claims against
be filed with the Register of Wills, D.C., 500 Indiana
NATIONAL BANK OF WASHINGTON, D.C., By:
the decedent shall be presented to the undersigned with
Avenue, N.W., Washington, D.C. 20001, on or before
Kenneth Foster, Jr., Vice President and Trust Officer.
a copy to the Register of Wills or to the Register of
July 17, 1986. Claims against the decedent shall be
First Published: Jan. 17, 1986. TRUE TEST COPY.
Wills with a copy to the undersigned, on or before July
presented to the undersigned with a copy to the
Henry L. Rucker, Register of Wills. [Seal.]
17, 1986, or be forever barred. Persons believed to be
Register of Wills or to the Register of Wills with a copy
Jan. 17, 24, 31.
heirs or legatees of the decedent who do not receive a
to the undersigned, on or before July 17, 1986, or be
copy of this notice by mail within 25 days of its first
forever barred. Persons believed to be heirs or legatees
GOODWIN, Richard A.
Deceased
publication shall SO inform the Register of Wills, in-
of the decedent who do not receive a copy of this notice
Superior Court of the District of Columbia
cluding name, address and relationship. THOMAS H.
by mail within 25 days of its first publication shall SO in-
Probate Division
ADAMS, JR. First Published: Jan. 17, 1986. TRUE
form the Register of Wills, including name, address and
Administration No. 2677-85
TEST COPY. Henry L. Rucker, Register of Wills.
relationship. HAZEL CLARITHA FRANKLIN. First
Richard A. Goodwin, deceased
[Seal.]
Jan. 17, 24, 31.
Published: Jan. 17, 1986. TRUE TEST COPY. Henry
Eileen M. McCarthy, Attorney
L. Rucker, Register of Wills. [Seal.]
Jan. 17, 24, 31.
MORRIS, Dorothy Hall
Deceased
1701 N Street, N.W., Washington, D.C. 20036
RICHEY, Edith Mary
Deceased
Notice of Appointment, Notice to Creditors
Superior Court of the District of Columbia
and Notice to Unknown Heirs
Probate Division
Superior Court of the District of Columbia
Frances M. Gaskins, whose address is 10242 Prince
Administration No. 2731-85
Probate Division
Place, #205, Largo, Maryland 20772, was appointed
Dorothy Hall Morris, deceased
Administration No. 2720-85
Personal Representative of the estate of Richard A.
Alice Brandeis Popkin, Attorney
Edith Mary Richey, deceased
Goodwin, who died on November 5, 1985, with a Will.
1015 20th Street, N.W., #222
Raymond L. Poston, Jr., Attorney
All unknown heirs and heirs whose whereabouts are
Washington, D.C. 20036
313 Park Avenue, Suite 400
unknown shall enter their appearance in this pro-
Notice of Appointment, Notice to Creditors
Falls Church, Virginia 22046
ceeding. Objections to such appointment (or to the pro-
and Notice to Unknown Heirs
Notice of Appointment, Notice to Creditors
bate of decedent's Will) shall be filed with the Register
Jonas V. Morris, whose address is 1742 Riggs Place,
and Notice to Unknown Heirs
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
N.W., Washington, D.C. 20009, was appointed Per-
Stephen Olin Richey, Jr., whose address is c/o Ray-
D.C. 20001, on or before July 17, 1986. Claims against
sonal Representative of the estate of Dorothy Hall Mor-
mond L. Poston, Jr., 313 Park Avenue, Suite 400, Falls
the decedent shall be presented to the undersigned with
ris, who died on December 6, 1985, with a Will. All
Church, VA 22046, was appointed Personal Represen-
a copy to the Register of Wills or to the Register of
unknown heirs and heirs whose whereabouts are
tative of the estate of Edith Mary Richey, who died on
Wills with a copy to the undersigned, on or before July
unknown shall enter their appearance in this pro-
November 18, 1985, with a Will. All unknown heirs and
17, 1986, or be forever barred. Persons believed to be
ceeding. Objections to such appointment (or to the pro-
heirs whose whereabouts are unknown shall enter their
heirs or legatees of the decedent who do not receive a
bate of decedent's Will) shall be filed with the Register
appearance in this proceeding. Objections to such ap-
copy of this notice by mail within 25 days of its first
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
pointment (or to the probate of decedent's Will) shall be
publication shall so inform the Register of Wills, in-
D.C. 20001, on or before July 17, 1986. Claims against
filed with the Register of Wills, D.C., 500 Indiana
cluding name, address and relationship. FRANCES M.
the decedent shall be presented to the undersigned with
Avenue, N.W., Washington, D.C. 20001, on or before
GASKINS. First Published: Jan. 17, 1986. TRUE
a copy to the Register of Wills or to the Register of
July 17, 1986. Claims against the decedent shall be
TEST COPY. Henry L. Rucker, Register of Wills.
Wills with a copy to the undersigned, on or before July
presented to the undersigned with a copy to the
[Seal.]
Jan. 17, 24,
17, 1986, or be forever barred. Persons believed to be
Register of Wills or to the Register of Wills with a copy
heirs or legatees of the decedent who do not receive a
to the undersigned, on or before July 17,1986, or be
HENDERSON, Edna L.
Deceased
copy of this notice by mail within 25 days of its first
forever barred. Persons believed to be heirs or legatees
Superior Court of the District of Columbia
publication shall SO inform the Register Wills, in-
of the decedent who do not receive a copy of this notice
Probate Division
cluding name, address and relationship. JONAS V.
by mail within 25 days of its first publication shall so in-
Administration No. 2724-85
MORRIS. First Published: Jan. 17, 1986. TRUE TEST
form the Register of Wills, including name, address and
Edna L. Henderson, deceased
COPY. Henry L. Rucker, Register of Wills. [Seal.]
relationship. STEPHEN OLIN RICHEY, JR. First
W. Alton Lewis, Attorney
Jan. 17, 24, 31.
Published: Jan. 17, 1986. TRUE TEST COPY. Henry
1426 H Street, N.W., Suite 437
L. Rucker, Register of Wills. [Seal.]
Jan. 17, 24, 31.
Washington, D.C. 20005
PAYNE, Mary Agnes
Deceased
Notice of Appointment, Notice to Creditors
Richard L. Fields, Attorney
WILLIAMS, Derek Antonio
Deceased
and Notice to Unknown Heirs
5620 St. Barnabas Rd., Suite 250
Superior Court of the District of Columbia
Eunice H. Turk, whose address is 5313 Second
Oxon Hill, MD 20745
Probate Division
Street, N.W., Washington, D.C. 20011, was appointed
Superior Court of the District of Columbia
Administration No. 2739-85
Personal Representative of the estate of Edna L.
Probate Division
Derek Antonio Williams, deceased
Henderson, who died on October 10, 1985, with a Will.
In Re: Estate of Mary Agnes Payne, Deceased.
Harry Toussaint Alexander, Jr., Attorney
All unknown heirs and heirs whose whereabouts are
Administration No. 2749-85
1245 13th Street, N.W., Suite 103
unknown shall enter their appearance in this pro-
Notice is hereby given that a petition has been filed in
Washington, D.C. 20005
ceeding. Objections to such appointment (or to the pro-
this Court by Edward K. Reid for standard probate, in-
Notice of Appointment, Notice to Creditors
bate of decedent's Will) shall be filed with the Register
cluding the appointment of one or more Personal
and Notice to Unknown Heirs
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
Representatives. Unless a Complaint in accordance
Wendy Brown, whose address is 47th C.S.H., North
D.C. 20001, on or before July 17, 1986. Claims against
with Superior Court Probate Division Rule 107 is filed
Fort Lewis, Washington 98433, was appointed Per-
the decedent shall be presented to the undersigned with
in this Court within thirty days from the date of first
sonal Representative of the estate of Derek Antonio
a copy to the Register of Wills or to the Register of
publication of this notice, the Court will take the action
Williams, who died on August 5, 1983, without a Will.
Wills with a copy to the undersigned, on or before July
hereinafter set forth.
All unknown heirs and heirs whose whereabouts are
17, 1986, or be forever barred. Persons believed to be
Upon proof satisfactory to the Court of due execution
unknown shall enter their appearance in this pro-
heirs or legatees of the decedent who do not receive a
by affidavit of the witnesses to the Will, the Court will
ceeding. Objections to such appointment shall be filed
copy of this notice by mail within 25 days of its first
enter an order admitting the Will to probate and ap-
with the Register of Wills, D.C., 500 Indiana Avenue,
publication shall SO inform the Register of Wills, in-
pointing one or more Personal Representatives. In the
N.W., Washington, D.C. 20001, on or before July 17,
cluding name, address and relationship. EUNICE H.
absence of a Will or proof satisfactory to the Court of
1986. Claims against the decedent shall be presented to
TURK. First Published: Jan. 17, 1986. TRUE TEST
due execution, the Court will enter an order determin-
the undersigned with a copy to the Register of Wills or
COPY. Henry L. Rucker, Register of Wills. [Seal.]
ing that the decedent died intestate and appointing one
to the Register of Wills with a copy to the undersigned,
Jan. 17, 24, 31.
or more Personal Representatives.
on or before July 17, 1986, or be forever barred. Per-
Date of first publication: Jan. 17, 1986. HENRY L.
sons believed to be heirs or legatees of the decedent who
HERNDON, Joan H.
Deceased
RUCKER, Register of Wills, Clerk of the Probate Divi-
do not receive a copy of this notice by mail within 25
Superior Court of the District of Columbia
sion. [Seal.]
Jan. 17, 24.
days of its first publication shall SO inform the Register
Probate Division
of Wills, including name, address and relationship.
Administration No. 2738-85
RICHARDSON, Douglas M.
Deceased
WENDY BROWN. First Published: Jan. 17, 1986.
Joan H. Herndon, deceased
Superior Court of the District of Columbia
TRUE TEST COPY. Henry L. Rucker, Register of
H. Edward Chozick, Attorney
Probate Division
Wills. [Seal.]
Jan. 17, 24, 31.
1625 Eye Street, N.W., #925
Administration No. 2729-85
Washington, D.C. 20006
WILLIAMS, Offie, Jr.
Deceased
Douglas M. Richardson, deceased
Notice of Appointment, Notice to Creditors
Caspa L. Harris, Jr., Attorney
Superior Court of the District of Columbia
and Notice to Unknown Heirs
2400 Sixth Street, N.W., Washington, D.C. 20059
Probate Division
Thomas H. Adams, Jr., whose address is 5708 5th
Notice of Appointment, Notice to Creditors
Administration No. 2742-85
Street, N.E., Washington, D.C. 20011, was appointed
and Notice to Unknown Heirs
Offie Williams, Jr., deceased
Personal Representative of the estate of Joan H. Hern-
Hazel Claritha Franklin, whose address is 5222 4th
William J. Howard, Attorney
January 24, 1986
167
1522 K Street, N.W., Suite 536
GORDON, Alice M.
Deceased
undersigned with a copy to the Register of Wills or to
Washington, D.C. 20005
Superior Court of the District of Columbia
the Register of Wills with a copy to the undersigned, on
Notice of Appointment, Notice to Creditors
Probate Division
or before July 10, 1986, or be forever barred. Persons
and Notice to Unknown Heirs
Administration No. 2686-85
believed to be heirs or legatees of the decedent who do
Offetta A. Burch, whose address is 8001 Carmel
Alice M. Gordon, deceased
not receive a copy of this notice by mail within 25 days
Drive, Forestville, Maryland 20747, was appointed Per-
Samuel C. Hamilton, Attorney
of its first publication shall SO inform the Register of
sonal Representative of the estate of Offie Williams, Jr.,
8605 Cameron Street, Suite 224
Wills, including name, address and relationship.
who died on 8-23-85, without a Will. All unknown heirs
Silver Spring, MD 20910
CARLTON BODDIE; EXUM ROBERTS. First
and heirs whose whereabouts are unknown shall enter
Notice of Appointment, Notice to Creditors
Published: Jan. 10, 1986. TRUE TEST COPY. Henry
their appearance in this proceeding. Objections to such
and Notice to Unknown Heirs
L. Rucker, Register of Wills. [Seal.]
Jan. 10, 17, 24.
appointment shall be filed with the Register of Wills,
Willie Mae Gaskins, whose address is 3362 Alden
D.C., 500 Indiana Avenue, N.W., Washington, D.C.
HENDERSON, Paris, Sr.
Deceased
Place, N.E., Washington, D.C. 20019, was appointed
20001, on or before July 17, 1986. Claims against the
Personal Representative of the estate of Alice M. Gor-
Superior Court of the District of Columbia
decedent shall be presented to the undersigned with a
don, who died on October 25, 1985, with a Will. All
Probate Division
copy to the Register of Wills or to the Register of Wills
unknown heirs and heirs whose whereabouts are
Administration No. 2684-85
with a copy to the undersigned, on or before July 17,
1986, or be forever barred. Persons believed to be heirs
unknown shall enter their appearance in this pro-
Paris Henderson, Sr., deceased
or legatees of the decedent who do not receive a copy of
ceeding. Objections to such appointment (or to the pro-
Diane M. Smith, Attorney
bate of decedent's Will) shall be filed with the Register
910 17th St., N.W., #303
this notice by mail within 25 days of its first publication
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
Washington, D.C. 20006
shall SO inform the Register of Wills, including name,
D.C. 20001, on or before July 10, 1986. Claims against
Notice of Appointment, Notice to Creditors
address and relationship. OFFETTA A. BURCH. First
Published: Jan. 17, 1986. TRUE TEST COPY. Henry
the decedent shall be presented to the undersigned with
and Notice to Unknown Heirs
a copy to the Register of Wills or to the Register of
Helen C. Henderson, whose address is 1835 Evarts
L. Rucker, Register of Wills. [Seal.]
Jan. 17, 24, 31.
Wills with a copy to the undersigned, on or before July
Street, N.E., Washington, D.C., was appointed Per-
10, 1986, or be forever barred. Persons believed to be
sonal Representative of the estate of Paris Henderson,
THIRD INSERTION
heirs or legatees of the decedent who, do not receive a
Sr., who died on November 26, 1985, with a Will. All
copy of this notice by mail within 25 days of its first
unknown heirs and heirs whose whereabouts are
DIXON, Walter T., Jr.
Deceased
publication shall SO inform the Register of Wills, in-
unknown shall enter their appearance in this pro-
Superior Court of the District of Columbia
cluding name, address and relationship. WILLIE MAE
ceeding. Objections to such appointment (or to the pro-
Probate Division
GASKINS. First Published: Jan. 10, 1986. TRUE
bate of decedent's Will) shall be filed with the Register
Administration No. 2699-85
TEST COPY. Henry L. Rucker, Register of Wills.
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
Walter T. Dixon, Jr., deceased
[Seal.]
Jan. 10, 17, 24.
D.C. 20001, on or before July 10, 1986. Claims against
Renee I. Fox, Attorney
the decedent shall be presented to the undersigned with
1725 K Street, N.W., Ste. 311
a copy to the Register of Wills or to the Register of
GREENE, Joseph D.
Deceased
Washington, D.C. 20036
Wills with a copy to the undersigned, on or before July
Notice of Appointment, Notice to Creditors
Superior Court of the District of Columbia
10, 1986, or be forever barred. Persons believed to be
and Notice to Unknown Heirs
Probate Division
heirs or legatees of the decedent who do not receive a
LaFara Dixon, whose address is 1337 Fort Stevens
Administration No. 2680-85
copy of this notice by mail within 25 days of its first
Drive, N.W., #118, Washington, D.C. 20011, was ap-
Joseph D. Greene, deceased
publication shall SO inform the Register of Wills, in-
pointed Personal Representative of the estate of Walter
Nathan Wasser, Attorney
cluding name, address and relationship. HELEN C.
T. Dixon, Jr., who died on October 30, 1985, without a
Hirschman and Wasser
HENDERSON. First Published: Jan. 10, 1986. TRUE
Will. All unknown heirs and heirs whose whereabouts
8201 Corporate Drive, Suite 1100
TEST COPY. Henry L. Rucker, Register of Wills.
are unknown shall enter their appearance in this pro-
Landover, MD 20785
[Seal.]
Jan. 10, 17, 24.
ceeding. Objections to such appointment shall be filed
Notice of Appointment. Notice to Creditors
with the Register of 500 Indiana Avenue,
and Notice to Unknown Heirs
MANGRUM, Walter S.
Deceased
N.W., Washington, D.C. 20001, on or before July 10,
American Security Bank, whose address is 1501
Superior Court of the District of Columbia
1986. Claims against the decedent shall be presented to
Pennsylvania Avenue, N.W., Washington, D.C., was
Probate Division
the undersigned with a copy to the Register of Wills or
appointed Personal Representative of the estate of
Administration No. 2694-85
to the Register of Wills with a copy to the undersigned,
Joseph D. Greene, who died on June 27, 1985, with a
Walter S. Mangrum, deceased
on or before July 10, 1986, or be forever barred. Per-
Will. All unknown heirs and heirs whose whereabouts
Ronald C. Jessamy, Attorney
sons believed to be heirs or legatees of the decedent who
are unknown shall enter their appearance in this pro-
Jessamy, Fort & Ogletree
do not receive a copy of this notice by mail within 25
ceeding. Objections to such appointment (or to the pro-
1400 Eye Street, N.W., Suite 1250
days of its first publication shall so inform the Register
bate of decedent's Will) shall be filed with the Register
Washington, D.C. 20005
of Wills, including name, address and relationship.
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
Notice of Appointment, Notice to Creditors
LaFARA N. DIXON. First Published: Jan. 10, 1986.
D.C. 20001, on or before July 10, 1986. Claims against
and Notice to Unknown Heirs
TRUE TEST COPY. Henry L. Rucker, Register of
the decedent shall be presented to the undersigned with
Geraldine E. Mangrum, whose address is 1321 Allison
Wills. [Seal.]
Jan. 10, 17, 24.
a copy to the Register of Wills or to the Register of
Street, N.W., was appointed Personal Representative
Wills with a copy to the undersigned, on or before July
of the estate of Walter S. Mangrum, Sr., who died on
EDWARDS, Alyce Mae
Deceased
10, 1986, or be forever barred. Persons believed to be
March 4, 1984, without a Will. All unknown heirs and
Superior Court of the District of Columbia
heirs or legatees of the decedent who do not receive a
heirs whose whereabouts are unknown shall enter their
Probate Division
copy of this notice by mail within 25 days of its first
appearance in this proceeding. Objections to such ap-
Administration No. 2690-85
publication shall SO inform the Register of Wills, in-
pointment shall be filed with the Register of Wills, D.C.,
Alyce Mae Edwards a/k/a
cluding name, address and relationship. AMERICAN
500 Indiana Avenue, N.W., Washington, D.C. 20001,
Alyce M. Edwards, deceased
SECURITY BANK, By: Bernard B. Smyth, II. First
on or before July 10, 1986. Claims against the decedent
Dudley R. Williams, Attorney
Published: Jan. 10, 1986. TRUE TEST COPY. Henry
shall be presented to the undersigned with a copy to the
1004 Sixth Street, N.W., Washington, D.C. 20001
L. Rucker, Register of Wills. [Seal.]
Jan. 10, 17, 24.
Register of Wills or to the Register of Wills with a copy
Notice of Appointment, Notice to Creditors
to the undersigned, on or before July 10, 1986, or be
and Notice to Unknown Heirs
forever barred. Persons believed to be heirs or legatees
John L. Hunt, Jr. a/k/a John C. Hunt, Jr., whose ad-
HAWKINS, Bessie R.
Deceased
of the decedent who do not receive a copy of this notice
dress is 4857 Queens Chapel Terrace, N.E.,
Superior Court of the District of Columbia
by mail within 25 days of its first publication shall so in-
Washington, D.C. 20017, was appointed Personal
Probate Division
form the Register of Wills, including name, address and
Representative of the estate of Alyce Mae Edwards
Administration No. 2697-85
relationship. GERALDINE E. MANGRUM. First
a/k/a Alyce M. Edwards, who died on 11/20/85, with a
Bessie R. Hawkins, deceased
Published: Jan. 10, 1986. TRUE TEST COPY. Henry
Will. All unknown heirs and heirs whose whereabouts
Sheldon I. Cohen, Attorney
L. Rucker, Register of Wills. [Seal.]
Jan. 10, 17, 24.
are unknown shall enter their appearance in this pro-
2009 North 14th Street, Suite 708
ceeding. Objections to such appointment (or to the pro-
Arlington, Virginia 22201
MANTON, Monte
Deceased
bate of decedent's Will) shall be filed with the Register
Notice of Appointment, Notice to Creditors
Superior Court of the District of Columbia
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
and Notice to Unknown Heirs
Probate Division
D.C. 20001, on or before July 10, 1986. Claims against
Carlton Boddie and Exum Roberts, whose addresses
Foreign No. 271-85
the decedent shall be presented to the undersigned with
are 8072 Tributary Court, Springfield, Va. & 1313 Far-
Monte Manton, Deceased
a copy to the Register of Wills or to the Register of
ragut Street, N.W., Washington, D.C. 20011, were ap-
Notice of Appointment of Foreign Personal
Wills with a copy to the undersigned, on or before July
pointed Personal Representatives of the estate of
Representative and Notice to Creditors
10, 1986, or be forever barred. Persons believed to be
Bessie R. Hawkins, who died on September 19, 1985,
Howard M. Brown and Dennis D. Brown, whose ad-
heirs or legatees of the decedent who do not receive a
with a Will. All unknown heirs and heirs whose
dresses are 5 Cougar Circle, Wayne, New Jersey 07470
copy of this notice by mail within 25 days of its first
whereabouts are unknown shall enter their appearance
and 531 Old Woods Road, Wyckoff, New Jersey 07481,
publication shall SO inform the Register of Wills, in-
in this proceeding. Objections to such appointment (or
respectively, were appointed Personal Representatives
cluding name, address and relationship. JOHN L.
to the probate of decedent's Will) shall be filed with the
of the estate of Monte Manton, deceased, on September
HUNT, JR. First Published: Jan. 10, 1986. TRUE
Register of Wills, D.C., 500 Indiana Avenue, N.W.,
1, 1983, by the Circuit Court for Broward County, State
TEST COPY. Henry L. Rucker, Register of Wills.
Washington, D.C. 20001, on or before July 10, 1986.
of Florida. Service of process may be made upon Karen
[Seal.]
Jan. 10, 17, 24.
Claims against the decedent shall be presented to the
M. Sprecher, Esq., 3045 N Street, N.W., Apt. 4,
168
THE DAILY WASHINGTON LAW REPORTER
Washington, D.C. 20007, whose designation as District
Wills with a copy to the undersigned, on or before July
the decedent shall be presented to the undersigned with
of Columbia agent has been filed with the Register of
10, 1986, or be forever barred. Persons believed to be
a copy to the Register of Wills or to the Register of
Wills, D.C. The decedent owned 50% interest in K & M
heirs or legatees of the decedent who do not receive a
Wills with a copy to the undersigned, on or before July
Partnership which owned the following District of Co-
copy of this notice by mail within 25 days of its first
10, 1986, or be forever barred. Persons believed to be
lumbia real property: 227 L Street, N.E.; 214-16 L
publication shall SO inform the Register of Wills, in-
heirs or legatees of the decedent who do not receive a
Street, N.E.; 1112-14 Congress Street, N.E.; 1108-10
cluding name, address and relationship. EDWARD K.
copy of this notice by mail within 25 days of its first
Congress Street, N.E.; 423 Florida Avenue, N.E.; 425
MARK. First Published: Jan. 10, 1986. TRUE TEST
publication shall SO inform the Register of Wills, in-
Florida Avenue, N.E.; 1225 4th Street, N.E. and 1232
COPY. Henry L. Rucker, Register of Wills. [Seal.]
cluding name, address and relationship. JOSEPH W.
4th Street, N.E. Claims against the decedent may be
Jan. 10, 17, 24.
PITTERICH. First Published: Jan. 10, 1986. TRUE
presented to the undersigned and filed with the
TEST COPY. Henry L. Rucker, Register of Wills.
Register of Wills for the District of Columbia, 500 In-
OTWELL, Robert A.
Deceased
[Seal.]
Jan. 10, 17, 24.
diana Avenue, N.W., Washington, D.C. 20001 within
Superior Court of the District of Columbia
six months from the date of first publication of this
Probate Division
SIMS, Edgar R.
Deceased
notice. HOWARD M. BROWN; DENNIS D. BROWN.
Administration No. 2682-85
Superior Court of the District of Columbia
Date of first publication: Jan. 10, 1986. TRUE TEST
Robert A. Otwell, deceased
Probate Division
COPY. Henry L. Rucker, Register of Wills. [Seal.]
Tanina D. Liammari, Attorney
Administration No. 2693-85
Jan. 10, 17, 24.
Hyatt Legal Services
Edgar R. Sims, deceased
1701 K Street, N.W., Washington, D.C. 20006
MURPHY, Marjorie Greenwell
Deceased
James T. Wright, Attorney
Notice of Appointment, Notice to Creditors
720 5th Street, N.W., Washington, D.C. 20001
Superior Court of the District of Columbia
and Notice to Unknown Heirs
Notice of Appointment, Notice to Creditors
Probate Division
Joseph D. Otwell and Pamela C. Dethlefs, whose ad-
and Notice to Unknown Heirs
Administration No. 2673-85
dress is 758 Rosedale Avenue, S.E., Atlanta, Georgia
Theopa E. Sims, whose address is 905 6th Street,
Marjorie Greenwell Murphy, deceased
30312, were appointed Personal Representatives of the
S.W., Washington, D.C. 20014, was appointed Personal
Raymond L. Poston, Jr., Attorney
estate of Robert A. Otwell, who died on August 8, 1985,
Representative of the estate of Edgar R. Sims, who
313 Park Avenue, Suite 400
without a Will. All unknown heirs and heirs whose
died on April 26, 1985, without a Will. All unknown
Falls Church, Virginia 22046
whereabouts are unknown shall enter their appearance
heirs and heirs whose whereabouts are unknown shall
Notice of Appointment, Notice to Creditors
in this proceeding. Objections to such appointment shall
enter their appearance in this proceeding. Objections to
and Notice to Unknown Heirs
be filed with the Register of Wills, D.C., 500 Indiana
such appointment shall be filed with the Register of
William Fitzpatrick, whose address is 509 Seward
Avenue, N.W., Washington, D.C. 20001, on or before
Wills, D.C., 500 Indiana Avenue, N.W., Washington,
Avenue, S.E., Washington, D.C. 20003, was appointed
July 10, 1986. Claims against the decedent shall be
D.C. 20001, on or before July 10, 1986. Claims against
Personal Representative of the estate of Marjorie
presented to the undersigned with a copy to the
the decedent shall be presented to the undersigned with
Greenwell Murphy, who died on September 4, 1985,
Register of Wills or to the Register of Wills with a copy
a copy to the Register of Wills or to the Register of
with a Will. All unknown heirs and heirs whose
to the undersigned, on or before July 10, 1986, or be
Wills with a copy to the undersigned, on or before July
whereabouts are unknown shall enter their appearance
forever barred. Persons believed to be heirs or legatees
10, 1986, or be forever barred. Persons believed to be
in this proceeding. Objections to such appointment (or
of the decedent who do not receive a copy of this notice
heirs or legatees of the decedent who do not receive a
to the probate of decedent's Will) shall be filed with the
by mail within 25 days of its first publication shall SO in-
copy of this notice by mail within 25 days of its first
Register of Wills, D.C., 500 Indiana Avenue, N.W.,
form the Register of Wills, including name, address and
publication shall so inform the Register of Wills, in-
Washington, D.C. 20001, on or before July 10, 1986.
relationship. PAMELA CAYE DETHLEFS; JOSEPH
cluding name, address and relationship. THEOPA E.
Claims against the decedent shall be presented to the
D. OTWELL. First Published: Jan. 10, 1986. TRUE
SIMS. First Published: Jan. 10, 1986. TRUE TEST
undersigned with a copy to the Register of Wills or to
TEST COPY. Henry L. Rucker, Register of Wills.
COPY. Henry L. Rucker, Register of Wills. [Seal.]
the Register of Wills with a copy to the undersigned, on
[Seal.]
Jan. 10, 17, 24.
Jan. 10, 17, 24.
or before July 10, 1986, or be forever barred. Persons
believed to be heirs or legatees of the decedent who do
OWEN, Walter L.
Deceased
THOMES, Jacqueline T.
Deceased
not receive a copy of this notice by mail within 25 days
Superior Court of the District of Columbia
of its first publication shall so inform the Register of
Probate Division
Superior Court of the District of Columbia
Probate Division
Wills, including name, address and relationship.
Administration No. 2695-85
Administration No. 2698-85
WILLIAM FITZPATRICK. First Published: Jan. 10,
Walter L. Owen, deceased
Suzanne M. Snedegar, Attorney
Jacqueline T. Thomes, deceased
1986. TRUE TEST COPY. Henry L. Rucker, Register
of Wills. [Seal.]
Jan. 10, 17, 24.
5454 Wisconsin Avenue, #1500
Robert Wade, Attorney
2700 Que St., N.W., Suite 204
Chevy Chase, Maryland 20815
O'NEAL, Eleanor G.
Deceased
Notice of Appointment, Notice to Creditors
Washington, D.C. 20007
and Notice to Unknown Heirs
Notice of Appointment, Notice to Creditors
Superior Court of the District of Columbia
and Notice to Unknown Heirs
Joseph W. Pitterich, whose address is 1810 19th
Probate Division
Charmione T. Thomas, whose address is 1557 Ft. Du-
Street, N.W., Washington, D.C. 20009, was appointed
Administration No. 2710-85
Personal Representative of the estate of Walter L.
pont St., N.W., Washington, D.C. 20020, was ap-
Eleanor G. O'Neal, deceased
Owen, who died on November 19, 1985, with a Will. All
pointed Personal Representative of the estate of Jac-
Avis E. Black, Attorney
unknown heirs and heirs whose whereabouts are
queline T. Thomes, who died on November 8, 1985,
Buchanan Ingersoll Professional Corporation
without a Will. All unknown heirs and heirs whose
unknown shall enter their appearance in this pro-
1667 K Street, N.W., Washington, D.C. 20006
ceeding. Objections to such appointment (or to the pro-
whereabouts are unknown shall enter their appearance
Notice of Appointment, Notice to Creditors
bate of decedent's Will) shall be filed with the Register
in this proceeding. Objections to such appointment shall
and Notice to Unknown Heirs
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
be filed with the Register of Wills, D.C., 500 Indiana
Edward K. Mark, whose address is 4509 Western
D.C. 20001, on or before July 10, 1986. Claims against
Avenue, N.W., Washington, D.C. 20001, on or before
Avenue, N.W., Washington, D.C. 20016, was appointed
July 10, 1986. Claims against the decedent shall be
Personal Representative of the estate of Eleanor G.
presented to the undersigned with a copy to the
O'Neal, who died on November 18, 1985, with a Will.
All unknown heirs and heirs whose whereabouts are
I BUY D.C. HOUSES
Register of Wills or to the Register of Wills with a copy
to the undersigned, on or before July 10, 1986, or be
unknown shall enter their appearance in this pro-
forever barred. Persons believed to be heirs or legatees
ceeding. Objections to such appointment (or to the pro-
IMMEDIATE SETTLEMENT
of the decedent who do not receive a copy of this notice
bate of decedent's Will) shall be filed with the Register
by within 25 days of its first publication shall SO in-
of Wills, D.C., 500 Indiana Avenue, N.W., Washington,
ALL CASH
form the Register of Wills, including name, address and
D.C. 20001, on or before July 10, 1986. Claims against
the decedent shall be presented to the undersigned with
Al
Mirman
543-7000
relationship. CHARMIONE T. THOMAS. First
Published: Jan. 10, 1986. TRUE TEST COPY. Henry
a copy to the Register of Wills or to the Register of
L. Rucker, Register of Wills. [Seal.]
Jan. 10, 17, 24.
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