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MAHONEY v. UNITED STATES

Civ. A. Nos. 4214, 4330, 4395.

220 F.Supp. 823 (1963)

H. T. MAHONEY v. UNITED STATES of America. Ruby Thelma Loftis PIERCE, Administratrix of the Estate of Howard Nelson Pierce, Deceased, v. UNITED STATES of America. Maymie Lou BECKHAM, Administratrix of the Estate of William Kirk Beckham, Deceased, v. UNITED STATES of America.

United States District Court E. D. Tennessee, N. D.

July 16, 1963.

Attorney(s) appearing for the Case

Calvin Walter, Knoxville, Tenn., for plaintiffs.

J. H. Reddy, U. S. Atty., Chattanooga, Tenn., McAfee Lee, Knoxville, Tenn., and Kenneth McCasland, Oak Ridge, Tenn., for defendant.

ROBERT L. TAYLOR, Chief Judge.

These cases, three in number, are actions to recover damages under the Federal Tort Claims Act, Title 28 U.S.C. § 1346(b)1 and Section 2674.

The Act makes the Government liable "respecting * * * tort claims * * * in the same manner and to the same extent as a private individual under like circumstances." 28 U.S.C. § 2674. Discretionary functions or duties are excepted. § 2680(a).

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