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UNITED STATES v. JOHNSON

No. 18267.

288 F.2d 40 (1961)

UNITED STATES of America, Appellant, v. G. V. JOHNSON, and his wife Letha Johnson, Appellees.

United States Court of Appeals Fifth Circuit.

February 23, 1961.

Attorney(s) appearing for the Case

Kathryn H. Baldwin, Anthony L. Mondello, Morton Hollander, Attys., Dept. of Justice, Washington, D. C., John R. Green, Asst. U. S. Atty., Houston, Tex., George Cochran Doub, Asst. Atty. Gen., William B. Butler, U. S. Atty., Houston, Tex., for appellant.

Warner F. Brock, Jimmy F. Y. Lee, Brown, Bates, Brock & Morgan, Houston, Tex., for appellees.

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a five thousand dollar judgment against the United States under the Federal Tort Claims Act1 for personal injuries consisting of nervousness and aggravation of a heart condition from which Mrs. Johnson was suffering. The appellant makes three contentions of error:

1. That the action was barred by the two-year limitation period in the Act; 2. That the rule of res ipsa loquitur...

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