SAWYER v. UNITED STATES

No. 16518.

298 F.2d 333 (1962)

Maurice O. SAWYER et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1962.


Attorney(s) appearing for the Case

Mr. Barrington D. Parker, Washington, D. C., with whom Mr. George A. Parker, Washington, D. C., was on the brief, for appellants.

Mr. Abbott Leban, Asst. U. S. Atty., for appellee. Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson, Joseph M. Hannon and Dennis D. Duffy, Asst. U. S. Attys., were on the brief, for appellee. Messrs. Charles T. Duncan, Principal Asst. U. S. Atty., and Donald S. Smith, Asst. U. S. Atty., also entered appearances for appellee.

Before WILBUR K. MILLER, Chief Judge, and DANAHER and BASTIAN, Circuit Judges.


PER CURIAM.

This is an appeal by plaintiffs [appellants] from a final judgment in favor of defendant [appellee] in a Federal Tort Claims Act proceeding. After an extensive trial, the trial judge entered findings of fact, conclusions of law, and judgment of dismissal on the merits.

On this appeal, appellant tells us that the basic question is "whether or not the appellants presented to the Trial Court a preponderance of evidence to prove that an agent of the...

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