UNDERWOOD v. UNITED STATES

No. 4649.

207 F.2d 862 (1953)

UNDERWOOD v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

November 4, 1953.


Attorney(s) appearing for the Case

Richard H. Duke, Denver, Colo. (Fred L. Schwartz, Denver, Colo., was with him on the brief), for appellant.

Clifford C. Chittim, Boulder, Colo. (Charles S. Vigil, Denver, Colo., was with him on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The appellant sued the government under the Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671-2680, to recover damages for the loss of his wife's consortium, services, companionship and society, and for burial expenses. It was alleged that while an employee of the United States and in the performance of her duties, she was killed through the negligence of agents of the government.

The trial court sustained a motion to dismiss on the...

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