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KIMBRELL v. UNITED STATES

No. 14515.

306 F.2d 98 (1962)

H. R. KIMBRELL and Dean Kimbrell, a Minor, by Next Friend and Father, H. R. Kimbrell, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

July 13, 1962.

Attorney(s) appearing for the Case

Herbert E. Morris, Atty., Dept. of Justice, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C. John H. Reddy, U. S. Atty., Chattanooga, Tenn., on the brief, for appellant.

James C. Lee, Chattanooga, Tenn., Campbell & Campbell, Chattanooga, Tenn., on the brief, for appellee.

Before MILLER, Chief Judge, MARTIN, Circuit Judge, and MAGRUDER, Senior Circuit Judge.

MAGRUDER, Circuit Judge.

This is an ordinary case of an automobile accident in which the plaintiff sues the United States for damages under the Federal Tort Claims Act. Though the United States, in the district court, contested liability on the merits on the ground that its servant was not negligent, the district judge found against the United States on that issue, and it has not been raised on appeal. Instead, in this court the government takes the somewhat technical...

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