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KUTGER v. UNITED STATES

No. 672.

169 F.Supp. 104 (1958)

Joseph P. KUTGER and Samuella Sue Kutger, his wife, Libellants, v. UNITED STATES of America, DeWitt W. Smith, as Custodian of the Eglin Air Force Base Consolidated Non-Appropriated Welfare Funds, and the National Surety Corporation, a New York Corporation, Respondents.

United States District Court N. D. Florida, Tallahassee Division.

December 18, 1958.

Attorney(s) appearing for the Case

James W. Middleton, Fort Walton, Fla., John A. Madigan, Jr., of Caldwell, Parker, Foster, Madigan, Oven & Moriarty, Tallahassee, Fla., for libellants.

Keen, O'Kelley & Spitz, Wilfred C. Varn, U. S. Atty., Talahassee, Fla., for respondent.

CARSWELL, Chief Judge.

Libellants, husband and wife, initiated action against respondents under the provisions of 46 U.S.C.A. § 741 et seq., and 46 U.S.C.A. § 781 et seq., alleging that the wife suffered injuries while she was a passenger in a motor boat which collided with another boat under the ownership, custody, or control of respondents Smith and United States.

By separate answers these respondents respectively seek to invoke the protective...

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