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O'TOOLE v. UNITED STATES

Nos. 12013, 12014.

242 F.2d 308 (1957)

Charlotte M. O'TOOLE, Robert J. Wilson; Charlotte M. O'Toole, Administratrix of the Estate of Thomas B. O'Toole; and St. Paul Fire and Marine Insurance Company, a Corporation of the State of Minnesota, v. The UNITED STATES of America, and The District of Columbia, a Corporation of the United States. Charlotte M. O'Toole, Appellant in No. 12013. The United States of America, Appellant in No. 12014.

United States Court of Appeals Third Circuit.

Decided March 14, 1957.

As Amended April 1, 1957.

Attorney(s) appearing for the Case

Januar D. Bove, Jr., Wilmington, Del. (Arthur G. Connolly, Connolly, Cooch & Bove, Wilmington, Del., on the brief), for Charlotte M. O'Toole in No. 12,013 and appellees in No. 12,014, except Robert J. Wilson.

H. Newton White, Asst. U. S. Atty., Wilmington, Del. (George Cochran Doub, Asst. Atty. Gen., Leonard G. Hagner, U. S. Atty., Wilmington, Del., on the brief), for U. S.

William H. Foulk, Herbert L. Cobin, Wilmington, Del., on the brief for Robert J. Wilson, appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

The actions in this litigation were brought against the United States under the Tort Claims Act, 28 U.S.C. §§ 1346 (b) and 2674. The principal law question involved was the responsibility of the United States for injuries occasioned by the negligence of members of a District of Columbia National Guard unit while the guardsmen were engaged in military service. The injury took place in Delaware in July, 1950. This Court, reversing...

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