UNITED STATES v. BROOKS

Nos. 5758, 5759.

176 F.2d 482 (1949)

UNITED STATES v. BROOKS (two cases).

United States Court of Appeals Fourth Circuit.

Decided August 4, 1949.


Attorney(s) appearing for the Case

Morton Hollander, Attorney, Department of Justice, Washington, D. C. (Newell A. Clapp, Acting Assistant Attorney General, Thomas A. Uzzell, Jr., U. S. Attorney, Asheville, N. C., Paul A. Sweeney and Massillon M. Heuser, Attorneys, Department of Justice, Washington, D. C., on brief), for appellant.

Whiteford S. Blakeney, Charlotte, N. C. (Guthrie, Pierce & Blakeney, Charlotte, N. C., on brief), for appellees.

Before PARKER, Chief Judge and SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

These are appeals by the United States from judgments in favor of claimants under the Federal Tort Claims Act of August 2, 1946, 60 Stat. 842, 28 U.S.C.A. § 921 [now § 2671 et seq]. This court reversed the judgments on the ground that the act was not thought to apply to claims of soldiers in the United States Army, 4 Cir., 169 F.2d 840; but the decision of reversal was in turn reversed by the Supreme...

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