DISTRICT OF COLUMBIA ARMORY BOARD v. VOLKERT

No. 21283.

402 F.2d 215 (1968)

The DISTRICT OF COLUMBIA ARMORY BOARD et al., Appellants, v. D. G. VOLKERT, t/a Ewin Engineering Associates, and Reynolds Metals Company, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 6, 1968.


Attorney(s) appearing for the Case

Mr. John R. Hess, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel, Hubert B. Pair, Principal Asst. Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellants.

Mr. John K. Mallory, Jr., Washington, D. C., with whom Mr. Roger D. Chittum, Washington, D. C., was on the brief, for appellee D. G. Volkert, t/a Ewin Engineering Associates.

Mr. Carl L. Taylor, Washington, D. C., with whom Mr. Frank F. Roberson, Washington, D. C., was on the brief, for appellee Reynolds Metals Company.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges.


McGOWAN, Circuit Judge:

Appellants, the District of Columbia Armory Board and its individual members, complain of a District Court order granting summary judgment against them in their suit seeking damages for cracks which appeared in the D. C. Stadium. The judgment appealed from was founded upon assertions by appellees that the suit was untimely under the applicable statute of limitations. For the reasons hereinafter appearing, we find no error in the District Court...

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