Oler v. Gibbons

District of Columbia Circuit Court of Appeals

Argued Oct. 8, 3952.

Decided Nov. 20, 1952.

District of Columbia Circuit Court of Appeals · decided 1952-11-20

Cited by 1 later decisions — most recently November 1952

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-11-20

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¶1 *136Abraham S. Goldstein, Washington, D. C., with whom Joseph A. Kaufmann, Washington, D. C., was on the brief, for appellants.

¶2Leonard S. Melrod, Washington, D. C., with whom Nathan M. Lubar, Washington, D. C., was on the brief, for appellees.

¶3Before EDGERTON, PRETTYMAN and PROCTOR, Circuit Judges.

¶4PER CURIAM.

¶5This appeal is from a judgment enjoining the sale of spirituous or malt liquors upon premises impressed with a common covenant for the benefit of all property within a particular area. The case was tried upon stipulated facts. The District Court found and adjudged, contrary to appellants’ contention, that there had been no waiver of the covenant and no change in the neighborhood, which would justify its non-enforcement; and that it remained in full force and effect We find no error.

¶6Affirmed.