IRVIN v. UNITED STATES

Civ. No. 1037.

148 F.Supp. 25 (1957)

Robert J. IRVIN, Plaintiff, v. UNITED STATES of America, Defendant and Third Party Plaintiff, The STATE AUTOMOBILE INSURANCE ASSOCIATION, Des Moines, Iowa, Third Party Defendant.

United States District Court D. South Dakota, S. D.

January 23, 1957.


Attorney(s) appearing for the Case

Ellsworth E. Evans and Lyle J. Wirt, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for plaintiff.

Clinton G. Richards, U. S. Atty., and Lyle E. Cheever, Asst. U. S. Atty., Sioux Falls, S. D., for defendant and third party plaintiff.

H. T. Fuller (of Morgan & Fuller), Mitchell, S. D., for third party defendant.


MICKELSON, Chief Judge.

This action is brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq. The action arises out of an automobile collision involving a motor vehicle being driven by the plaintiff, Robert J. Irvin, and one being driven by one Robert B. Troup, who at the time of the collision was employed by the United States as a rural mail carrier and was acting within the scope of his employment. The plaintiff sustained serious...

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