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CANNON v. UNITED STATES

No. 16256.

243 F.2d 71 (1957)

Clifton L. CANNON, Sr., et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 29, 1957.

Attorney(s) appearing for the Case

Vance Custer, Bainbridge, Ga., E. P. Stapleton, Donalsonville, Ga., Custer & Kirbo, Bainbridge, Ga., of counsel, for appellant.

J. Sewell Elliott, Asst. U. S. Atty., Macon, Ga., Frank O. Evans, U. S. Atty., Macon, Ga., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

RIVES, Circuit Judge.

Plaintiffs, appellants here, sued under the Federal Tort Claims Act1 for the wrongful death of Mrs. Cannon. An Army truck, driven by Pfc. Harold C. Leonard, turned abruptly in the path of an automobile in which Mrs. Cannon was riding as an invited guest, causing a collision resulting in injuries from which Mrs. Cannon died. The defendant, United States, claimed that Pfc. Leonard was not acting in line of duty, that...

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