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JORDAN v. DISTRICT OF COLUMBIA

Civ. A. No. 2250-53.

116 F.Supp. 559 (1953)

JORDAN et ux. v. DISTRICT OF COLUMBIA.

United States District Court District of Columbia.

November 17, 1953.

Attorney(s) appearing for the Case

Bernard J. Gallagher, J. Roy Thompson, Jr., Washington, D. C., for plaintiffs.

Vernon E. West, Corp. Counsel, Milton D. Korman, Lyman J. Umstead, Asst. Corp. Counsel, District of Columbia, Washington, D. C., for defendant.

PINE, District Judge.

In this action plaintiffs, husband and wife, claim damages for injuries allegedly caused by defendant's negligence. Among its defenses, defendant claims that the physically injured plaintiff, the husband, hereinafter referred to as plaintiff, has received workmen's compensation from his employer and accordingly has waived his right to recover herein. Plaintiff has moved to strike this defense on the ground that it is legally insufficient to constitute...

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