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SAPP v. UNITED STATES

No. 15670.

227 F.2d 280 (1955)

Collie E. SAPP, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 18, 1955.

Attorney(s) appearing for the Case

Paul G. Hyman, Murray Sams, Jr., Miami, Fla., for appellant.

E. David Rosen, Asst. U. S. Atty., Miami, Fla., Julian H. Singman, Atty., Dept. of Justice, Melvin Richter, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

Sapp here appeals from the dismissal of his complaint, after trial, D.C., 130 F.Supp. 666, in a negligence action brought against the government under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. The undisputed evidence is that he was injured when the automobile in which he was a passenger was struck from behind by an automobile owned and driven by a federal prisoner who was at...

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