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VAN VOORHIS v. DISTRICT OF COLUMBIA

Civ. A. No. 2973-61.

236 F.Supp. 978 (1965)

Mildred L. VAN VOORHIS and John H. Van Voorhis, Plaintiffs, v. DISTRICT OF COLUMBIA, a municipal corporation, Defendant.

United States District Court District of Columbia.

January 8, 1965.

Attorney(s) appearing for the Case

Justin L. Edgerton, Washington, D. C., for plaintiffs.

Chester H. Gray, Corp. Counsel for District of Columbia, John A. Earnest and William F. Patten, Asst. Corp. Counsel for District of Columbia, for defendant.

CURRAN, District Judge.

The District of Columbia has filed a motion to dismiss based on the defense that the operation of its Fire Department is a governmental function, which renders it immune from tort liability. Plaintiffs oppose this motion on the ground that the District of Columbia Employee Non-Liability Act and the statutory provisions therein deny to the defendant the defense of governmental immunity.

The basic facts are that on January 22, 1960, plaintiff...

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