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CAPITAL TRANSIT CO. v. UNITED STATES

No. 10467.

183 F.2d 825 (1950)

CAPITAL TRANSIT CO. v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided June 5, 1950.

Writ of Certiorari Granted October 9, 1950.

Attorney(s) appearing for the Case

Mr. Frank F. Roberson, Washington, D. C., with whom Mr. George D. Horning, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Marvin E. Frankel, New York City, Attorney, Department of Justice, of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Assistant Attorney General H. G. Morison, George Morris Fay, United States Attorney, Paul A. Sweeney, Attorney, Department of Justice, and Messrs. Joseph M. Howard and Joseph F. Goetten, Assistant United States Attorneys, Washington, D. C., were on the brief, for appellee.

Before CLARK, WASHINGTON and KIMBROUGH STONE (sitting by designation), Circuit Judges.

Writ of Certiorari Granted October 9, 1950. See 71 S.Ct. 61.

WASHINGTON, Circuit Judge.

This case presents the question whether under the Federal Tort Claims Act1 the United States may be joined as a third party defendant in a suit between private litigants, when the purpose of such joinder is to secure contribution from the United States as a joint tort feasor.

The plaintiff, Kenneth Neil Stradley, filed suit for damages...

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