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UPTAGRAFFT v. UNITED STATES

No. 8810.

315 F.2d 200 (1963)

Burnell Keath UPTAGRAFFT, and State Farm Mutual Auto Insurance Company, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 7, 1963.

Attorney(s) appearing for the Case

Harry E. McCoy, Norfolk, Va. (E. Page Preston, John M. Cloud, Preston & Preston, and Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellants.

Mark R. Joelson, Attorney, Department of Justice (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Claude V. Spratley, Jr., U.S. Atty., and Morton Hollander, Attorney, Department of Justice, on brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and CRAVEN, District Judge.

PER CURIAM.

James W. Edwards sustained personal injuries in an automobile wreck and thereby acquired a tort claim against Burnell K. Uptagrafft and his employer, United States of America. Edwards could have sued the United States under the Tort Claims Act, 28 U.S.C.A. § 1346 et seq. Government Employees Ins. Co. v. Ziarno, 273 F.2d 645, 647 (2d Cir., 1959). Instead, for reasons sufficient to him and unknown to the court, he elected...

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