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UNITED STATES v. PRAGER

No. 16478.

251 F.2d 266 (1958)

UNITED STATES of America, Appellant, v. Mabel PRAGER, Independent Executrix of the Estate of Myron Prager, Deceased, and Mary Mason Burroughs, Independent Executrix of the Estate of William C. Snow, Deceased, Appellees.

United States Court of Appeals Fifth Circuit.

January 9, 1958.

Attorney(s) appearing for the Case

James E. Hammond, Asst. U. S. Atty., Holvey Williams, Asst. U. S. Atty., El Paso, Tex., W. Monroe, Kerr, Midland, Tex., Russell B. Wine, San Antonio, Tex., for appellant.

Wyndham K. White, El Paso, Tex., Kemp, Smith, Brown, Goggin & White, El Paso, Tex., for appellees.

Before HUTCHESON, Chief Judge, and RIVES and WISDOM, Circuit Judges.

PER CURIAM.

Prager and Snow were killed on the night of August 26, 1954 when their automobile, traveling on a highway in Otero County, New Mexico, ran into a parked antiaircraft gun being towed by a truck operated by a member of the New Mexico National Guard. The truck driver, together with several other enlisted members of the National Guard of New Mexico, was returning from a two weeks' summer training encampment at Fort Bliss, which they had attended by command...

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