ZOULA v. UNITED STATES

No. 14901.

217 F.2d 81 (1954)

Emil ZOULA and Charles C. STERLING, v. UNITED STATES of America.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 28, 1955.


Attorney(s) appearing for the Case

Kenneth M. Henson, Frank D. Foley, S. E. Kelly, Jr., B. H. Chappell and Forrest L. Champion, Jr., Foley, Chappell, Kelly & Champion, Kenneth M. Henson, Columbus, Ga., for appellants.

Morton Hollander, Atty., Dept. of Justice, Paul A. Sweeney, Chief Appellate Section, Washington, D. C., Joseph H. Davis, Asst. U. S. Atty., Warren E. Burger, Asst. Atty. Gen., Frank O. Evans, U. S. Atty., Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


HUTCHESON, Chief Judge.

Having sustained injuries to person and property in an automobile collision on the Fort Benning Military Reservation with an army ambulance as the result of the alleged negligence of its driver, plaintiffs, members of the armed forces in service at the post, sued under the Federal Tort Claims Act, 28 U.S. C.A. §§ 1346, 2671 et seq., to recover therefor.

The causes consolidated for hearing and plaintiffs' and defendant's motions...

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