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DISTRICT OF COLUMBIA v. MORRIS

No. 10793.

367 A.2d 571 (1976)

DISTRICT OF COLUMBIA, a Municipal Corporation, Appellant, v. Elnora MORRIS et al., Appellees.

District of Columbia Court of Appeals.

Decided December 10, 1976.

Attorney(s) appearing for the Case

E. Calvin Golumbic, Asst. Corp. Counsel, Washington, D.C., with whom John R. Risher, Jr., Corp. Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel and Richard W. Barton, Asst. Corp. Counsel, Washington, D.C., were on the brief for appellant.

Leslie Scherr, Washington, D.C., for appellees.

Before KELLY, FICKLING and YEAGLEY, Associate Judges.

KELLY, Associate Judge:

This appeal challenges the grant to appellee of summary judgment in the District of Columbia's suit to recover the costs of care and treatment incurred by appellee's infant daughter while she was a patient in (D.C. General Hospital.1 The motion was granted because the District had failed to file the instant claim for recovery as a compulsory counterclaim under Rule 13(a) in a prior malpractice action filed against...

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