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UNITED STATES v. BYERS

No. 5071.

225 F.2d 774 (1955)

UNITED STATES of America, Appellant, v. R. L. BYERS, Jr., Insurance Company of North America of Philadelphia, Pa., and Traders & General Insurance Company, Appellees.

United States Court of Appeals Tenth Circuit.

August 4, 1955.

Attorney(s) appearing for the Case

Richard M. Markus, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Paul F. Larrazolo, U. S. Atty., Albuquerque, N. M. and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

J. Benson Newell, La Cruces, N. M., for appellees.

Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

R. L. Byers, Jr., the owner of two transport trucks, the Insurance Company of North America and Traders and General Insurance Company, his insurance carriers, brought this action against the United States to recover damages for injuries to two trucks and for the amount paid to the driver of one of the trucks as Workmen's Compensation, growing out of a highway accident. From a judgment in favor of the plaintiffs the United States has appealed...

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