GENERAL HEATING ENGINEERING COMPANY, Inc., et al., Appellants,
v.
DISTRICT OF COLUMBIA, Appellee.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 15, 1961.
Decided March 15, 1962.
Petition for Rehearing Denied April 11, 1962.
Petition for Rehearing Denied April 11, 1962.
As Amended May 14, 1962.
Attorney(s) appearing for the Case
Mr. John F. Mahoney, Jr., Washington, D. C., with whom Messrs. Charles E. Pledger, Jr., Justin L. Edgerton and R. Harrison Pledger, Jr., Washington, D. C., were on the brief for appellant General Heating Engineering Company, argued for all appellants.
Mr. H. Thomas Sisk, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Assistant Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief for appellee.
Messrs. J. Harry Welch, H. Mason Welch, J. Joseph Barse and Arthur V. Butler, Washington, D. C., were on the brief for appellant D'Aprile Brothers Company.
Messrs. Richard W. Galiher, William E. Stewart, Jr., and William J. Donnelly, Jr., Washington, D. C., were on the brief for appellant Arthur G. Bradley.
Before WILBUR K. MILLER, Chief Judge, and EDGERTON and BAZELON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
Petition for Rehearing Before the Division Denied April 11, 1962.
Petition for Rehearing En Banc Denied En Banc April 11, 1962.
BAZELON, Circuit Judge.
Mr. and Mrs. Boorstein, plaintiffs in an earlier action in the Municipal Court, sued all but one of the parties1 to this appeal for damages sustained when their car fell into a street excavation. The excavation had been dug and backfilled by our present appellants [hereinafter...
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