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MURPHEY v. UNITED STATES

No. 12188.

179 F.2d 743 (1950)

MURPHEY et al. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

January 25, 1950.

Attorney(s) appearing for the Case

Francis E. Harrington, Portland, Ore., William B. Wetherall, San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., San Francisco, Cal., Harlan M. Thompson, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from a judgment in a suit under the Federal Tort Claims Act denying recovery for the killing on July 12, 1945, of Huldah Murphey, the wife of one appellant and the mother of the three other appellants, by the claimed negligence of a staff sergeant, Paul W. Brander, of the United States Army Air Corps in driving an army truck.

The pertinent provisions of the Federal Tort Claims Act are: "* * * the district court * * *...

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