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UNITED STATES v. DURRANCE

No. 8821.

101 F.2d 109 (1939)

UNITED STATES v. DURRANCE et al.

Circuit Court of Appeals, Fifth Circuit.

January 18, 1939.

Attorney(s) appearing for the Case

M. W. Hibschman, Atty., Department of Justice, of Washington, D. C., Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Damon G. Yerkes, Asst. U. S. Atty., of Jacksonville, Fla., for appellant.

Fred S. Rizk and Charles J. Regero, both of Jacksonville, Fla., for appellees.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This was a suit to recover damages in the sum of $5,000 for the wrongful death of appellee's father and mother. It was instituted in the court below under a private act, entitled An Act for the Relief of Evanell Durrance, approved June 26, 1936 (49 Stat. 2366). From a judgment against it for $4,383.68, entered upon the verdict of a jury, the United States prosecuted this appeal.

The enactment, upon the construction of which our decision...

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