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UNITED STATES v. PRICE

No. 8116.

288 F.2d 448 (1961)

UNITED STATES of America, Appellant, v. William H. PRICE, Jr., Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 23, 1961.

Attorney(s) appearing for the Case

David L. Rose, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Joseph S. Bambacus, U. S. Atty., Richmond, Va., and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on brief), for appellant.

Wayne Lustig and Gordon E. Campbell, Norfolk, Va., for appellee.

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

SOBELOFF, Chief Judge.

In making an award under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), § 2671 and § 2674, for personal injuries sustained by a civilian employee of the Norfolk Naval Shipyard, the District Court rejected the Government's contention that it should have the benefit of a set-off calculated at the present value of the annuity payable to the plaintiff under the Civil Service Retirement...

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