UNITED STATES v. MILLER

No. 18281.

331 F.2d 414 (1964)

UNITED STATES of America, Appellant, v. Margery Thayer MILLER, Appellee.

United States Court of Appeals Ninth Circuit.

April 8, 1964.


Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Charles A. Muecke, U. S. Atty., Alan S. Rosenthal and David J. McCarthy, Jr., Attys., Dept. of Justice, Washington, D. C., appellant.

O'Connor, Anderson, Westover, Killingsworth & Beshears, John F. Swartz, Harry J. Cavanagh, and John P. Otto, Phoenix, Ariz., for appellee.

Before CHAMBERS, HAMLEY and HAMLIN, Circuit Judges.


CHAMBERS, Circuit Judge.

The main question here is: Did the United States gain a windfall when Margery Thayer Miller made an election to take an award of the Arizona Industrial Commission after the death of her husband in September, 1958?

One year, ten months and fourteen days after the first written election, she made a second election; this time it was to sue the United States under the Federal Tort Claims Act. The government concedes its negligence caused...

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