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MARCUM v. UNITED STATES

No. 15218.

324 F.2d 787 (1963)

Gay MARCUM et al., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

November 26, 1963.

Attorney(s) appearing for the Case

B. C. Green, Owensboro, Ky., for plaintiff-appellant.

Edward Berlin, Department of Justice, Washington, D. C., John W. Douglas, Acting Asst. Atty. Gen., Sherman L. Cohn, Department of Justice, Washington, D. C., William E. Scent, U. S. Atty., Louisville, Ky., on brief, for defendant-appellee.

John B. Anderson, Owensboro, Ky., on brief, for third-party defendant-appellee.

Before O'SULLIVAN, Circuit Judge, and KENT and WILSON, District Judges.

KENT, District Judge.

This is an appeal from a judgment wherein the district court dismissed the plaintiffs' action after a trial on the merits without a jury. The action is based on the Federal Tort Claims Act, Title 28 U.S.C. § 1346(a) (b), and Title 28 U.S.C. § 2674.

Basically, the appeal is a challenge to the findings of fact in the lower court. Rule 52(a) of the Federal Rules of Civil Procedure, (Title 28, U.S.C. Rule 52) provides:

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