McCORMICK v. UNITED STATES

Civ. A. No. 8581.

134 F.Supp. 243 (1955)

Lester J. McCORMICK, Plaintiff, v. UNITED STATES of America, Defendant (MAYTAG AIRCRAFT CORPORATION, Third Party Defendant).

United States District Court S. D. Texas, Houston Division.

August 16, 1955.


Attorney(s) appearing for the Case

Donald H. Yarborough, Houston, Tex., for plaintiff.

Malcolm R. Wilkey, U. S. Atty., Houston, Tex., for defendant.

Baker, Botts, Andrews & Shepherd, Houston, Tex. (Alvin M. Owsley, Jr., Houston, Tex.) and Vinson, Elkins, Weems & Searls, Houston, Tex., (Thomas Weatherly), Houston, Tex., for third party defendant.


CONNALLY, District Judge.

The action is one under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2674 and 2680. The plaintiff alleges that at all material times he was an employee of Maytag Aircraft Corporation, the third party defendant ("Maytag" hereafter). This employer was engaged in performance of its contract with the United States Government whereby it refueled, serviced, and maintained military aircraft at Ellington Air Force Base, in this District...

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