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HUSOVSKY v. UNITED STATES

Nos. 76-1533, 76-1534.

590 F.2d 944 (1978)

Andrew A. HUSOVSKY v. UNITED STATES of America, Appellant, the District of Columbia, a Municipal Corporation. Andrew A. HUSOVSKY v. UNITED STATES of America. Appeal of the DISTRICT OF COLUMBIA, a Municipal Corporation.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1978.

Attorney(s) appearing for the Case

John R. Risher, Jr., Corp. Counsel, Washington, D. C., with whom Louis P. Robbins, Richard W. Barton and George T. Masson, Jr., Asst. Corp. Counsels, Washington, D. C., were on the brief, for the District of Columbia. Leo N. Gorman and Ted P. Gerarden, Asst. Corp. Counsels, Washington, D. C., also entered appearances for the District of Columbia.

John G. Laughlin, Sp. Litigation Counsel, Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Rex E. Lee, Asst. Atty. Gen., and Ronald R. Glancz, Asst. Chief, Dept. of Justice, Washington, D. C., were on the brief, for the United States.

Harry W. Goldberg, Washington, D. C., with whom Morris Altman, Washington, D. C., was on the brief, for appellee, Andrew A. Husovsky.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.

Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

Appellee sustained severe injuries when a tree fell upon the automobile he was driving along Klingle Road in Rock Creek Park in the City of Washington. He initially filed a claim for damages with the United States Department of the Interior, and after this was denied, he brought suit in the District Court against both the United States and the District of Columbia.

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