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JOHNSON v. GEFFEN

No. 15724.

294 F.2d 197 (1960)

Charles Franklin JOHNSON, Appellant, v. Bernard GEFFEN, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 1, 1960.

Petition for Rehearing Denied January 6, 1961.

Attorney(s) appearing for the Case

Mr. Joseph S. McCarthy, Washington, D. C., with whom Mr. Hugh Lynch, Jr., Washington, D. C., was on the brief, for appellant.

Mr. John R. Hess, Asst. Corp. Counsel for the District of Columbia, with whom Mr. Chester H. Gray, Corp. Counsel, Mr. Milton D. Korman, Principal Asst. Corp. Counsel, and Mr. Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee.

Before Mr. Justice REED, retired, and PRETTYMAN and BAZELON, Circuit Judges.

Petition for Rehearing En Banc Denied January 6, 1961.

Chief Judge Miller would grant the petition.

PRETTYMAN, Circuit Judge.

This is a motor vehicle accident case. Our appellant Johnson was the plaintiff.1 At the time of the accident he was a pedestrian. He was struck by a motor cycle being operated by our appellee Geffen, a Metropolitan Police officer on motor cycle duty.

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