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LIBERTY MUTUAL INSURANCE COMPANY v. B. FRANK JOY COMPANY

Civ. A. No. 2372-65.

297 F.Supp. 592 (1968)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff, v. B. FRANK JOY COMPANY, Inc., et al., Defendants.

United States District Court District of Columbia.

November 12, 1968.

Attorney(s) appearing for the Case

Macleay, Lynch, Bernhard & Gregg, Washington, D. C., for plaintiff.

Pledger, Edgerton & Mahoney, Washington, D. C., for defendants B. Frank Joy Co. and Potomac Electric Power Co.

Bruce S. Mencher, Corporation Counsel, Washington, D. C., for defendant District of Columbia.

MEMORANDUM OPINION

PRATT, District Judge.

This is an action in tort by Liberty Mutual Insurance Company, as subrogee for Howard P. Foley Company ("Foley") electrical contractors, against B. Frank Joy Company, Inc., excavating contractors ("Joy"), the Potomac Electric Power Company ("Pepco"), which engaged the services of Joy, and the District of Columbia. The gravamen of the complaint is that a break in the water main in front of premises 1745 Massachusetts...

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