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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Javins v. First National Realty Corp., 428 F.2d 1071 (1970)

Citation
Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Parent Document
Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Jurisdiction
DC (municipal)
Effective Date
1970-05-07

Other Sections in This Document (106)

Full Text

582 chars
Appellants have sought only to defeat the landlord’s action; they have not as yet claimed any money damages for the landlord’s alleged breach of contract. Under Rule 4(c) supra, they may not counterclaim for money damages if the landlord seeks only possession and no money judgment, as it has done here. For the considerations to be applied in determining whether this rule conforms “as nearly as may be practicable” to the Federal Rules of Civil Procedure as required by 13 D.C.Code § 101 (1967), see McKelton v. Bruno, 138 U.S.App.D.C. -, 428 F.2d 718 (decided February 17, 1970).