United States Court of Appeals Third Circuit.https://leagle.com/images/logo.png
Argued March 19, 1953.
Decided August 10, 1953.
Attorney(s) appearing for the Case
Januar D. Bove, Jr., and Arthur G. Connolly, Wilmington, Del., for all appellants except Robert J. Wilson.
Herbert L. Cobin, Wilmington, Del. (William H. Foulk, Wilmington, Del., on the brief), for appellant Robert J. Wilson.
Stanley Rose, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Department of Justice, Washington, D. C., William Marvel, U. S. Atty., Wilmington, Del., Massillon M. Heuser, Atty., Department of Justice, Washington, D. C., Lieutenant Charles P. Moriarty, Jr., Judge Advocate General's Corps, Department of the Army, Washington, D. C., on the brief), for United States of America.
James R. Morford, Wilmington, Del. (Morford, Bennethum and Marvel, Wilmington, Del., Vernon E. West, Chester H. Gray, and Oliver Gasch, Washington, D. C., on the brief), for District of Columbia.
Before BIGGS, Chief Judge, and MARIS and GOODRICH, Circuit Judges.
United States Court of Appeals Third Circuit.
BIGGS, Chief Judge.
The principal question presented by this appeal is which, if either, of the defendants may be charged with responsibility for the torts of the District of Columbia National Guard committed during peace-time training at a time when the District of Columbia National Guard had not been ordered to active service as a component of the United States Army.
The facts alleged in the amended complaint are...
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