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PERCHELL v. DISTRICT OF COLUMBIA

No. 24187.

444 F.2d 997 (1971)

O. C. PERCHELL et al. v. DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 1971.

Attorney(s) appearing for the Case

Mr. Ted D. Kuemmerling, Asst. Corporation Counsel, with whom Messrs. Hubert B. Pair, Acting Corporation Counsel at the time the brief was filed, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellant. Mr. Charles T. Duncan, Corporation Counsel at the time the record was filed, also entered an appearance for appellant.

Mr. Edward J. Gorman, Jr., Washington, D. C., with whom Mr. Lawrence Z. Bulman, Washington, D. C., was on the brief, for appellees.

Before FAHY, Senior Circuit Judge, and McGOWAN and ROBINSON, Circuit Judges.

FAHY, Senior Circuit Judge:

The question presented on this appeal is whether the District Court properly dismissed the counterclaim of the District of Columbia for contribution against Mr. Perchell, a co-plaintiff with his two minor children in a tort action against the District.1 Mr. Perchell was denied recovery in the main action against the District "because of [his] contributory negligence...

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