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OLD COLONY INS. CO. v. UNITED STATES

No. 10598.

168 F.2d 931 (1948)

OLD COLONY INS. CO. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 2, 1948.

Attorney(s) appearing for the Case

Philip C. Ebeling, of Dayton, Ohio (Philip C. Ebeling and J. Paul Brenton, both of Dayton, Ohio, of counsel; Pickrel, Schaeffer & Ebeling, of Dayton, Ohio, on the brief), for appellant.

M. M. Hauser, of Washington, D. C. (Ray J. O'Donnell and William J. Dammarell, both of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, SIMONS and McALLISTER, Circuit Judges.

HICKS, Circuit Judge.

This suit was brought under § 410(a) of the Federal Tort Claims Act, 28 U.S.C.A. § 931(a). Stripping the complaint of matter not here material, it alleges that an automobile owned by James R. Elliott was parked on U. S. Route No. 35 in West Alexandria, Ohio, and was run into by a United States Army truck operated by Pfc. Lawrence L. Clark of Squadron A, AAF, Wright Field, Ohio, while acting in line of duty for the 4000th AAF BU, Wright...

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