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ROGERS v. UNITED STATES

No. 64, Docket 27081.

296 F.2d 122 (1961)

Frederick ROGERS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 15, 1961.

Attorney(s) appearing for the Case

Morris Weissberg, New York City (John J. DeLury, New York City, on the brief), for plaintiff-appellant.

Anthony H. Atlas, Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and MARSHALL, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment for the United States in an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. Plaintiff was struck by a United States Post Office vehicle on Eighth Avenue between 112th and 113th Streets in New York City as he emerged from behind a double-parked garbage truck, on which he was working, to cross the street. The trial court found no negligence on the part of the Post Office driver...

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