BARRYHILL v. UNITED STATES

No. 16835.

300 F.2d 690 (1962)

Walter M. BARRYHILL, Jr., individually and as Administrator of the Estate of Joann Marie Barryhill, Deceased, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

March 23, 1962.


Attorney(s) appearing for the Case

Max R. Teske, Jr., and Wirt P. Hoxie, of Pike, Hoxie, Butler & Teske, Waterloo, Iowa, for appellant.

Donald E. O'Brien, U. S. Atty., Sioux City, Iowa, for appellee.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.


RIDGE, Circuit Judge.

This appeal is from a judgment in favor of the United States, defendant in an action brought under the Federal Tort Claims Act (28 U.S.C.A. § 2671, etc.) to recover damages for the wrongful death of a minor child. The governing law concerning that occurrence is that of the State of Iowa. There is virtually no dispute in this case as to the evidentiary facts. The seasoned District Judge before whom the case was tried made findings of fact...

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