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SOMMA v. UNITED STATES

No. 13201.

283 F.2d 149 (1960)

Annunzio SOMMA, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided October 10, 1960.

Attorney(s) appearing for the Case

Pershing N. Calabro, Philadelphia, Pa., for appellant.

Leavenworth Colby, Washington, D. C., Charles M. Donnelly, Philadelphia, Pa. (George Cochran Doub, Asst. Atty. Gen., Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., Samuel D. Slade, Attorney, Department of Justice, Washington, D. C., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

STALEY, Circuit Judge.

This is an action brought against the United States under the provisions of the Federal Tort Claims Act, 28 U.S.C. § 1346(b), (FTCA) by one of its employees (Somma) to recover damages for personal injuries sustained as a result of alleged negligence. One of the defenses raised by the government is that the injury sustained is one which is clearly covered by the provisions of the Federal Employees' Compensation Act, 5 U.S.C.A. § 751...

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