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UNITED STATES v. ALEXANDER

No. 7162.

234 F.2d 861 (1956)

UNITED STATES of America, Appellant, v. Stewart M. ALEXANDER, Jr., Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 5, 1956.

Attorney(s) appearing for the Case

William W. Ross, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Edwin M. Stanley, U. S. Atty., Greensboro, N. C., and Melvin Richter, Atty., Dept. of Justice, Washington, D. C., on brief), for appellant.

Daniel K. Edwards, Durham, N. C., for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.

SOPER, Circuit Judge.

This suit was brought by Stewart M. Alexander, Jr. against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., to recover damages for injuries received while he was riding as a passenger in a United States Air Force aircraft, which crashed in attempting to land at the municipal airport at Evansville, Indiana on September 24, 1950. The Government denied liability on the grounds (1) that the flight...

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