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JENNINGS v. UNITED STATES

No. 8117.

291 F.2d 880 (1961)

Anna JENNINGS, Administratrix of the Estate of Stewart Earl Jennings, deceased; State of Maryland, to use of Anna Jennings, surviving wife, Anna Frances Jennings, a minor, Russell Earl Jennings, a minor, Gregory Stewart Jennings, a minor, and the unborn child or children, en ventre sa mere, of Stewart Jennings; Margaret M. Jennings, in her own right as mother and next friend of Donald S. Jennings and Donald S. Jennings in his right, Appellants and Cross-Appellees, v. UNITED STATES of America, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 4, 1961.

Attorney(s) appearing for the Case

David L. Rose, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Leon H. A. Pierson, U. S. Atty., Baltimore, Md., and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on brief), for appellee and cross-appellant.

Paul R. Connolly, Jr., Washington, D. C. (David N. Webster, and Hogan & Hartson, Washington, D. C., on brief), for appellants and cross-appellees.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and STANLEY, District Judge.

HAYNSWORTH, Circuit Judge.

The tragedy out of which these cases arose occurred in Maryland on a highway constructed and maintained by the United States Government. On the morning of January 23, 1956, Stewart Earl Jennings, a civilian employee of the United States, was driving his automobile from his home in Maryland to his place of work in the District of Columbia. Stewart's brother, Donald S. Jennings, was a passenger in the car. At about 7:30 a. m., while driving...

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