MARYLAND CASUALTY CO. v. UNITED STATES

No. 5467.

155 F.2d 823 (1946)

MARYLAND CASUALTY CO. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 3, 1946.


Attorney(s) appearing for the Case

Roszel C. Thomsen (John B. Seal and Clark, Thomsen & Smith, all of Baltimore, Md., on the brief), for appellant.

Ellis Lyons, Atty., Department of Justice, of Washington, D. C. (John F. Sonnett, Asst. Atty. Gen., Bernard J. Flynn, U. S. Atty., of Baltimore, Md., and J. Francis Hayden, Sp. Asst. to Atty. Gen., on the brief), for appellee.

Before GRONER, Chief Justice, United States Court of Appeals for District of Columbia, and SOPER and DOBIE, Circuit Judges.


GRONER, C. J.

This is an appeal in an action under the Tucker Act,1 begun by Maryland Casualty Company against the United States in the District Court for the District of Maryland. The United States answered and both parties moved for judgment on the pleadings. The District Court, after hearing, entered judgment for the United States.

A brief statement of the facts follows:

Captain Samuel J. D. Marshall, U. S. A., was in...

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