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STATE FARM MUT. LIABILITY INS. CO. v. UNITED STATES

No. 4371.

172 F.2d 737 (1949)

STATE FARM MUT. LIABILITY INS. CO. v. UNITED STATES.

United States Court of Appeals First Circuit.

February 1, 1949.

Attorney(s) appearing for the Case

Eli Fleishman, of Boston, Mass. (Herbert S. Avery and Avery, Dooley, Post & Carroll, all of Boston, Mass., on the brief), for appellant.

Alvin O. West, Atty., Department of Justice, of Washington, D. C. (H. G. Morison, Asst. Atty. Gen., and William T. McCarthy, U. S. Atty., and Edward D. Hassan, Asst. U. S. Atty., both of Boston, Mass., and Paul A. Sweeney, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and PETERS, District Judge.

MAGRUDER, Chief Judge.

Morris Gray and State Farm Mutual Liability Insurance Company, on August 19, 1947, filed a complaint in the court below against the United States under the Federal Tort Claims Act, as amended, 60 Stat. 842, 61 Stat. 722, 28 U.S.C.A. § 921 et seq. It was alleged that on May 5, 1946, Gray, while operating his automobile on a public street in Cambridge, Massachusetts, suffered a collision due to the negligence of the driver of a Navy ambulance...

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