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213 F.2d 198

Docket No. 11922.

Adams v. Frank

District of Columbia Circuit Court of Appeals

Argued May 10, 1954.

Decided May 20, 1954.

District of Columbia Circuit Court of Appeals · decided 1954-05-20

2 counsel of record

Relies on Frank v. Adams

Opinion by (per_curiam) · Decided 1954-05-20

¶1*199Mr. Coates Lear, Washington, D. C., for appellant.

¶2Mr. John H. Dougherty, Washington, D. C., for appellee.

¶3Before EDGERTON, WILBUR K. MILLER and PRETTYMAN, Circuit Judges.

¶4PER CURIAM.

¶5M. Kennith Frank, Jr., became a resident of the District of Columbia in September, 1951. Less than three months thereafter Alvin P. Adams sued him in the Municipal Court to recover $2,125 allegedly due for services rendered under a contract made in California in 1946. When the action was filed, it was barred' by the three-year statute of limitations, § 12-201, D.C.Code 1951, unless the limitation period did not begin to run until Frank became a resident of the District of Columbia. The Municipal Court, applying § 12-205 of the Code,1 held limitation had not run and gave Adams judgment against Frank for the sum which he claimed.

¶6The Municipal Court of Appeals held that § 12-205 was inapplicable, that the action was barred by the three-year 'statute, and reversed the judgment of the Municipal Court. We allowed an appeal.

¶7We approve and adopt the opinion of the Municipal Court of Appeals, reported in 1953, 98 A.2d 789.

¶8Affirmed.

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