District Court, W.D. North Carolina August 29, 1963, Civ. No. 1785 (Whitehead ex rel. Whitehead v. Margel)

CRAVEN, Chief Judge.

The substance of the complaint in this action is that:

(1) Defendants, Irving Margel and wife, Freda Margel, own as tenants by the entirety certain real property on which there is located an unenclosed outdoor swimming pool.

(2) Defendants vacated their residence located on the same property and moved to California; the premises in question were left unoccupied.