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FOOTLIK v. UNITED STATES

No. 14137.

323 F.2d 635 (1963)

Max FOOTLIK, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 11, 1963.

Attorney(s) appearing for the Case

Leo S. Karlin, Chase & Werner and Allen Hartman, Chicago, Ill., for appellant.

James P. O'Brien, U. S. Atty., Barry J. Freeman, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, John Powers Crowley, Asst. U. S. Attys., of counsel, for appellee.

Before HASTINGS, Chief Judge, and DUFFY and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This is an appeal by plaintiff from an adverse judgment in his personal injury action against the United States under the Federal Torts Claim Act.1

Plaintiff was struck and injured at nighttime by a United States mail car while crossing Granville Avenue in Chicago, not at a crosswalk, at a point approximately one hundred feet west of Damen Avenue. The trial court found the driver of the mail car negligent...

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