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DISTRICT OF COLUMBIA v. STACKHOUSE

No. 12815.

239 F.2d 62 (1956)

DISTRICT OF COLUMBIA, Appellant, v. Dorothy K. STACKHOUSE, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 15, 1956.

Attorney(s) appearing for the Case

Mr. Hubert B. Pair, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Vernon E. West, Corp. Counsel at the time the record was filed, Chester H. Gray, Principal Asst. Corp. Counsel at the time the record was filed, Milton D. Korman and Ralph D. Quinter, Jr., Asst. Corp. Counsel, were on the brief, for appellant.

Mr. James C. Toomey, Washington, D. C., with whom Mr. Walter E. Gillcrest, Washington, D. C., was on the brief, for appellee.

Mr. Oliver Gasch, U. S. Atty., filed a brief on behalf of the United States, as amicus curiae, urging affirmance. Messrs. Lewis Carroll and Nathan J. Paulson, Asst. U. S. Attys., were also on the brief.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.

BURGER, Circuit Judge.

The District of Columbia is appealing from the district court's finding that appellee was a resident of the District of Columbia, within the meaning of § 21-317, D.C.Code 1951. This statute provides:

"If an insane person be found by the commission, subject to the review of the court, not to be a resident of the District of Columbia, he may be committed by the court to Saint Elizabeths Hospital as a District of Columbia patient...

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