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STATE OF MARYLAND v. UNITED STATES

No. 5633.

165 F.2d 869 (1947)

STATE OF MARYLAND, to Use of BURKHARDT, v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

December 30, 1947.

Attorney(s) appearing for the Case

T. Hughlett Henry, Jr., of Easton, Md. (J. Martin McDonough, of Baltimore, Md., on the brief), for appellant.

Whiteford S. Blakeney, of Charlotte, N. C., as amicus curiae.

James B. Murphy, Asst. U. S. Atty., of Baltimore, Md. (Bernard J. Flynn, U. S. Atty., of Baltimore, Md., on the brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal by plaintiff from an order dismissing an action to recover damages on account of wrongful death instituted under the Federal Tort Claims Act, Title IV, Public Law 601, Aug. 2, 1946, 60 Stat. 843, 28 U.S.C.A. § 921 et seq. The action was brought for the benefit of the widow of one George N. F. Burkhardt, who was killed on September 2, 1945, when the automobile in which he was riding was in collision with a truck of the...

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