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RICE v. DISTRICT OF COLUMBIA

No. 20094.

385 F.2d 976 (1967)

Alfred Eugene RICE, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 26, 1967.

Attorney(s) appearing for the Case

Mr. Carroll F. Tyler, Jr., Washington, D. C., for appellant.

Mr. Howard Adler, Jr., Washington, D. C. (appointed by this court as amicus curiae), with whom Mrs. Mary-Margaret Gillen, Washington, D. C., was on the brief, urging reversal.

Mr. Richard W. Barton, Asst. Corp. Counsel for District of Columbia, with whom Messrs. Charles T. Duncan, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel at the time the brief was filed, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

The dispositive question presented by this appeal is whether it was within the power of the Juvenile Court judge to conduct an informal hearing in chambers without inviting Corporation Counsel to participate and, on the basis of exculpatory information learned at that hearing, to dismiss a petition lodged against a juvenile. We hold that such a course of action was within his discretion and consequently reverse the District of Columbia...

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