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DISTRICT OF COLUMBIA v. THOMAS

Nos. 21091, 21092, 21126.

401 F.2d 430 (1968)

DISTRICT OF COLUMBIA, Appellant, v. Shirley A. THOMAS as the Administratrix of the Estate of Donald B. Thomas, Appellee. DISTRICT OF COLUMBIA, Appellant, v. John F. WYNN, Jr., Appellee. Shirley A. THOMAS as the Administratrix of the Estate of Donald B. Thomas, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 23, 1968.

Petition for Rehearing Denied October 10, 1968.

Certiorari Denied February 24, 1969.

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 appellant in Nos. 21,091 and 21,092 and appellee in No. 21,126.

Mr. I. Irwin Bolotin, Washington, D. C., with whom Messrs. Philip J. Lesser and Gerald Herz, Washington, D. C., were on the brief, for appellee in No. 21,092.

Mr. Henry Lincoln Johnson, Jr., Washington, D. C., for appellant in No. 21,126 and appellee in No. 21,091.

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

Certiorari Denied February 24, 1969. See 89 S.Ct. 877.

McGOWAN, Circuit Judge:

These appeals are the issue of a tragic accident which occurred at about 3:30 in the afternoon of August 1, 1960, in the swimming pool located at the Banneker Playground in the District of Columbia. Two lifeguards went to the aid of a swimmer in difficulty because of electric current suddenly coursing through the water. The swimmer was...

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