GOVERNMENT EMPLOYEES INSURANCE CO. v. ZIARNO

No. 54, Docket 25730.

273 F.2d 645 (1960)

GOVERNMENT EMPLOYEES INSURANCE CO., Plaintiff-Appellee, v. James A. ZIARNO, Edward T. Chamberlain and American Fidelity Fire Insurance Co., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided January 12, 1960.


Attorney(s) appearing for the Case

Seymour Farber, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant James A. Ziarno.

Morris Simon, Troy, N. Y. (Bernard Simon and Murphy, Aldrich, Guy, Broderick & Simon, Troy, N. Y., on the brief), for plaintiff-appellee.

Before MEDINA, MOORE and FRIENDLY, Circuit Judges.


MEDINA, Circuit Judge.

On December 31, 1956 appellant James A. Ziarno, in the course of his employment by the United States Department of the Interior, was operating a Dodge truck owned by the government in Saratoga County, New York, and there was a collision between the Dodge truck operated by Ziarno and a Ford sedan owned and operated by Edward T. Chamberlain. Chamberlain promptly sued Ziarno in the New York Supreme Court for $25,000 damages for personal injuries...

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