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BROWN v. UNITED STATES

No. 13902.

273 F.2d 433 (1960)

Ruby BROWN, Administratrix of the Estate of Marvin Brown, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

January 6, 1960.

Attorney(s) appearing for the Case

Wallace H. Spalding, Jr., Louisville, Ky., for appellant.

Robert D. Simmons, Asst. U. S. Atty., Louisville, Ky. (William B. Jones, U. S. Atty., Charles E. Peyton, Asst. U. S. Atty., Louisville, Ky., on the brief), for appellee.

Before SHACKELFORD MILLER, Jr., and WEICK, Circuit Judges, and WILLIAM E. MILLER, District Judge.

PER CURIAM.

The action in the Court below was one for damages for wrongful death brought under the Federal Tort Claims Act. Title 28 U.S.C.A. § 1346(b).

The decedent was struck by a mail truck of the United States Post Office Department at the intersection of Broadway with Third Street in Louisville, Kentucky on January 21, 1958 at about 5:30 a. m.

The case was tried by the District Judge without a jury. The Court handed down a memorandum opinion...

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