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CONNOR v. UNITED STATES

Nos. 24348, 24349.

461 F.2d 1259 (1972)

Joyce Marie CONNOR et al. v. UNITED STATES of America, Appellant, District of Columbia (two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 1972.

Attorney(s) appearing for the Case

Mr. Philip L. Cohan, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry and Arnold T. Aikens, Asst. U. S. Attys., were on the brief, for appellant in No. 24348.

Mr. Ted D. Kuemmerling, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, were on the brief, for appellant in No. 24349.

Mr. Denver H. Graham, Washington, D. C., with whom Messrs. Leo A. Roth, Jr., and Albert E. Brault, Washington, D. C., were on the brief, for appellees.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

LEVENTHAL, Circuit Judge:

This is a tort case taken out of the ordinary only by the fact that the defendant-appellants are the District of Columbia and the United States, and that their positions diverge on questions of allocation of responsibility and jurisdiction.

I.

The District of Columbia appeals from a judgment assessed against it, by virtue of a jury verdict, because of a defect in the sidewalk ...

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