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DISTRICT OF COLUMBIA v. GENERAL HEATING ENGINEER. CO.

No. 2627.

168 A.2d 903 (1961)

DISTRICT OF COLUMBIA, a municipal corporation, Appellant, v. GENERAL HEATING ENGINEERING COMPANY, Inc., a corporation, D'Aprile Brothers Company, a corporation, and Arthur G. Bradley, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided March 30, 1961.

Attorney(s) appearing for the Case

H. Thomas Sisk, Asst. Corp. Counsel, Washington, D. C., with whom Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellant.

John F. Mahoney, Jr., Washington, D. C., with whom Charles E. Pledger, Jr., Washington, D. C., was on the brief, for appellee General Heating Engineering Co.

Arthur V. Butler, Washington, D. C., with whom J. Harry Welch, Washington, D. C., was on the brief, for appellee D'Aprile Brothers Co.

William J. Donnelly, Jr., Washington, D. C., with whom Richard W. Galiher and William E. Stewart, Jr., Washington, D. C., were on the brief, for appellee Arthur G. Bradley.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, retired) sitting by designation under Code § 11-776(b).

HOOD, Associate Judge.

The District of Columbia brought this action against appellees to recover the amount of two judgments paid by it to the plaintiffs in an earlier negligence case. At the close of the District's case appellees' motions for directed verdicts were granted, the trial court being of the opinion that the issue of appellees' liability to the District had been determined in the earlier case and could not be raised again.

In the first action a...

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