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CALLAWAY v. GARBER

No. 16889.

289 F.2d 171 (1961)

Mrs. Robert F. CALLAWAY, individually, Mrs. Robert F. Callaway, as Mother and Next Friend of her Minor Children, Robert F. Callaway, Jr., Sandra K. Callaway and Richard E. Callaway, Appellants, v. W. L. GARBER and United States of America, Appellees, Stanley P. SORENSON, as Administrator of the Estate of Robert F. Callaway, Deceased, Appellant, v. W. L. GARBER and United States of America, Appellees.

United States Court of Appeals Ninth Circuit.

April 21, 1961.

Attorney(s) appearing for the Case

Myles J. Thomas, Helena, Mont., for appellants.

George Cochran Doub, Asst. Atty. Gen., Morton Hollander and Mark R. Joelson, Attys. for the Dept. of Justice, Washington, D. C., Krest Cyr, U. S. Atty., Butte, Mont., for appellees.

Before CHAMBERS, ORR and HAMLIN, Circuit Judges.

ORR, Circuit Judge.

On May 3, 1957, W. L. Garber, a recruiting officer in the United States Navy, while operating his car on Navy business on a highway in Broadwater County, Montana, negligently drove said car into the rear-end of another auto which was owned and operated by Sergeant Carl J. Lange of the United States Air Force. Riding with Sergeant Lange at the time were two other Air Force sergeants, Robert F. Callaway and George F. Strong. The impact of the collision...

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