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HUBSCH v. UNITED STATES

Nos. 12501, 12502.

174 F.2d 7 (1949)

HUBSCH v. UNITED STATES. SCHWEITZER v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 17, 1949.

Attorney(s) appearing for the Case

Hylan H. Kout, of Miami Beach, Fla., for appellants.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Ernest L. Duhaime, Asst. U. S. Atty., of Miami, Fla., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

The Plaintiffs in these two consolidated cases, brought under the Federal Tort Claims Act, were riding in an automobile that came into collision with a jeep belonging to the United States Army and driven by an Army lieutenant. The Court below found that although the driver of the Government's jeep was guilty of negligence proximately causing the injuries to Plaintiffs, nevertheless, such driver was not...

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