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UNITED STATES v. UNITED SERVICES AUTOMOBILE ASS'N

No. 15591.

238 F.2d 364 (1956)

UNITED STATES of America, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, a Reciprocal Insurance Association, Appellee.

United States Court of Appeals Eighth Circuit.

November 29, 1956.

Attorney(s) appearing for the Case

Morton Hollander, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Harry Richards, U. S. Atty., St. Louis, Mo., and Paul A. Sweeney, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Joseph Nessenfeld, St. Louis, Mo. (Wilbur C. Schwartz, St. Louis, Mo., was with him on the brief), for appellee.

Before JOHNSEN, VAN OOSTERHOUT, and WHITTAKER, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by the United States from a judgment against it finding liability under the Federal Tort Claims Act, 28 U.S.C., §§ 2671-2680. The judgment was rendered in favor of the appellee as subrogee for reimbursement for the payment it had made to assured Lt. Stapelfeld, a Naval officer in active service, for damages to his automobile caused by the crash of a Navy plane. Jurisdiction of the trial court was based upon...

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