AUGUSTA BROADCASTING CO. v. UNITED STATES

No. 12412.

170 F.2d 199 (1948)

AUGUSTA BROADCASTING CO. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

October 30, 1948.


Attorney(s) appearing for the Case

James E. Jackson, Jr., of Atlanta, Ga., and William M. Lester, of Augusta, Ga., for appellant.

J. Saxton Daniel, U. S. Atty., and Green B. Everitt, and T. Reuben Burnside, Asst. U. S. Attys., all of Savannah, Ga., for appellee.

Before HUTCHESON, Chief Judge, and McCORD, and WALLER, Circuit Judges.


HUTCHESON, Chief Judge.

The suit was for damages under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq. The claim was that plaintiff's radio tower was damaged as a result of being negligently struck by a navy aircraft in charge of a navy pilot.1 The defendant did not answer but instead filed a motion to dismiss2 on two grounds: (1) that plaintiff had assigned...

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