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SLAGLE v. UNITED STATES

No. 15528.

228 F.2d 673 (1956)

Fay SLAGLE, a widow, etc. and The Service Mutual Insurance Company of Texas, Appellants, v. UNITED STATES of America and Texas Air National Guard, Appellees.

United States Court of Appeals Fifth Circuit.

January 17, 1956.

Attorney(s) appearing for the Case

Edward Southerland, Bonham, Tex., C. F. Schweppe, San Antonio, Tex., Cunningham, Cole & Southerland, Bonham, Tex., Schweppe, Schweppe & Allison, San Antonio, Tex., for appellants.

John C. Ford, Asst. U. S. Atty., Dallas, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee U. S.

Billy E. Lee, Asst. Atty. Gen. of Texas, John Ben Shepperd, Atty. Gen., of Texas, Sam C. Ratliff, Asst. Atty. Gen., for appellee Texas Air National Guard.

Before HOLMES, RIVES and CAMERON, Circuit Judges.

CAMERON, Circuit Judge.

Fay Slagle, a mental incompetent through her duly appointed guardian, and another appeal from an order of the District Court dismissing the complaint on motion of the defendants, the United States and the Texas Air National Guard. The parties have conceded that the Texas Air National Guard should be eliminated and that the order as to it should be affirmed. The motion of the United States was under Rule 12(b), Federal Rules of Civil Procedure...

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