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HARBIN v. DISTRICT OF COLUMBIA

No. 18203.

336 F.2d 950 (1964)

Robert E. HARBIN, Jr., Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 3, 1964.

Attorney(s) appearing for the Case

Mr. Joseph H. Koonz, Jr., Washington, D. C., with whom Messrs. Martin E. Gerel, Lee C. Ashcraft and William E. O'Neill, Jr., Washington, D. C., were on the brief, for appellant.

Mr. Richard W. Barton, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corporation Counsel, Milton D. Korman, Principal Asst. Corporation Counsel, and Hubert B. Pair, Asst. Corporation Counsel, were on the brief, for appellee.

Before WILBUR K. MILLER, WASHINGTON and DANAHER, Circuit Judges.

DANAHER, Circuit Judge:

This appellant suffered injuries on July 14, 1962 when he was bitten by a police dog running at large. The dog admittedly belonged to the District of Columbia and was used by the Metropolitan Police in performance of police duties. In the District Court judgment was entered for the appellee upon its claim that the District of Columbia was then engaged in the performance of a governmental function. We do not acquiesce in the disposition of appellant...

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