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FRANKLIN v. UNITED STATES

Civ. A. Nos. 605, 606.

124 F.Supp. 953 (1954)

Pearl FRANKLIN, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, Celia Rivlin and Daniel Rivlin, Third-Party Defendants. Stella SCHWARTZ, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, Celia Rivlin and Daniel Rivlin, Third-Party Defendants.

United States District Court N. D. West Virginia.

October 8, 1954.

Attorney(s) appearing for the Case

Charles L. Ihlenfeld, Wheeling, W. Va., for Pearl Franklin.

Carl G. Bachmann and Gilbert S. Bachmann, Wheeling, W. Va., for Stella Schwartz.

R. J. Schleuss and Roderick A. Devison, Asst. U. S. Attys., Fairmont, W. Va., for the United States.

Russell B. Goodwin, Wheeling, W. Va., for Celia Rivlin and Daniel Rivlin.

WILKIN, District Judge (By Designation).

This is an action for damages resulting from a collision between a military truck of the United States Army and an automobile owned by the Rivlins and operated at the time of the accident by Mrs. Rivlin. The plaintiffs, Mrs. Franklin and Mrs. Schwartz, were passengers in the Rivlin car. The defendant was sued separately by each plaintiff, by virtue of Section 1346(b), Title 28 U.S.C.A., but the cases were combined for trial...

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