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BLACKWELL v. UNITED STATES

No. 20121.

321 F.2d 96 (1963)

Rebecca B. BLACKWELL and William G. Blackwell, Appellants, v. UNITED STATES of America and Aetna Casualty and Surety Company, Appellees.

United States Court of Appeals Fifth Circuit.

July 30, 1963.

Attorney(s) appearing for the Case

Robert S. Cooper, Jr., Alva Brumfield, Sylvia Roberts of Brumfield, Turner & Cooper, Baton Rouge, La., for appellants.

Morton Hollander, Terence N. Doyle, Attys., Dept. of Justice, John W. Douglas, Acting Asst. Atty. Gen., Louis C. LaCour, U. S. Atty., Washington, D. C., for the United States.

F. W. Middleton, Jr., and John I. Moore, of Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., for appellee, Aetna Casualty & Surety Co.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and De VANE, District Judge.

JONES, Circuit Judge.

Joel Rousselle, Jr. had been a member of the Louisiana National Guard for a number of years and was a Staff Sergeant at the time of the occurrence from which this litigation arose. Sergeant Rousselle was the driver of a two-and-a-half-ton truck in a convoy of the National Guard en route to Camp Polk, Louisiana, for an annual training period of two weeks. The truck was owned by the United States and was operated with gasoline purchased with funds...

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