BARTCH v. UNITED STATES

No. 7426.

330 F.2d 466 (1964)

Marian E. BARTCH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 20, 1964.


Attorney(s) appearing for the Case

Philip A. Rouse, Denver, Colo., for appellant.

Joseph F. Dolan, Asst. Deputy Atty. Gen. (John W. Douglas, Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., and Sherman L. Cohn and Barbara W. Deutsch, Washington, D. C., were on the brief), for appellee.

Before PICKETT, LEWIS and SETH, Circuit Judges.


LEWIS, Circuit Judge.

The question here presented is whether the Colorado statutory limitation upon gross recovery for wrongful death is applicable in an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674. The United States District Court for the District of Colorado concluded that applicable state law precluded any recovery in excess of $25,000 and entered judgment accordingly. This appeal tests only that conclusion.

Plaintiff...

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