JOZWIAK v. UNITED STATES

No. 11480.

199 F.2d 369 (1952)

Joseph S. JOZWIAK et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

October 17, 1952.


Attorney(s) appearing for the Case

D. Curtis Reed, Columbus, Ohio and Waddell & Furbee, St. Clairsville, Ohio, for appellants.

Ray J. O'Donnell and Loren G. Windom, Columbus, Ohio, for appellee.

Before HICKS, ALLEN and MARTIN, Circuit Judges.


PER CURIAM.

This appeal from a judgment sustaining the motion of appellee for summary judgment and dismissing appellants' complaint has been heard and considered upon the transcript of record and upon the briefs and oral arguments of the contending parties;

And it appearing therefrom that, while the correct ultimate decision in the justiciable controversy may be that the cause of action must be dismissed, this court is of opinion that the District Court committed...

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