Sidney S. Zlotnick, and Renee Zlotnick Kraft v. Jack I. Bender & Sons, Inc.

The factual situation involved in this action seeking a declaratory judgment establishing the respective rights of the litigating parties in two connecting alleys is set f orth in detail in the excellent opinion of the learned trial judge. Zlotnik v. Bender, 285 F.Supp. 548 (D.D.C.1968). Our review of the record in these proceedings requires our affirmation of the District Court judgment as contained in its order of June 11, 1968 (J.A. 42-44), with the two qualifications set out hereafter.

Paragraph 2(c) of the trial court’s order prescribes time periods within which defendant-appellant must…