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DESCH v. UNITED STATES

No. 10171.

186 F.2d 623 (1951)

DESCH v. UNITED STATES.

United States Court of Appeals, Seventh Circuit.

January 12, 1951.

Attorney(s) appearing for the Case

George B. Sleigh, Jacob Logan Fox, Chicago, Ill., Brown, Fox & Blumberg, Chicago, Ill., Nathan S. Blumberg, Jacob Logan Fox, Jr., Chicago, Ill., of counsel, for appellant.

Otto Kerner, Jr., U. S. Atty., William Sylvester White, Jr., Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.

DUFFY, Circuit Judge.

Plaintiff brought this action tinder the Federal Tort Claims Act, including 28 U.S.C.A. §§ 1346, 1402, and 2674, to recover damages for injuries resulting from the alleged negligence of the driver of a United States mail truck.

On August 26, 1947, plaintiff, then 54 years of age and a resident of Nebraska, owned and operated a ladies' dress shop in Central City, Nebraska. On that date plaintiff, who was in the city of Chicago...

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