UNITED STATES v. WELLS

No. 21173.

337 F.2d 615 (1964)

UNITED STATES of America, Appellant, v. Robert W. WELLS and Luther P. Thompson, Appellees.

United States Court of Appeals Fifth Circuit.

October 19, 1964.


Attorney(s) appearing for the Case

William O. Murray, Jr., Asst. U. S. Atty., San Antonio, Tex., Ernest Morgan, U. S. Atty., Western District of Texas, San Antonio, Tex., for appellant.

Donald G. Humble, Cameron, Tex., Tom J. Conway, William H. Brigham, Waco, Tex., Jack W. Prescott, Temple, Tex., Conway, Brigham, Bice & Cowden, Waco, Tex., for appellees.

Before RIVES and BROWN, Circuit Judges, and INGRAHAM, District Judge.


PER CURIAM.

The Government appeals from a judgment under the Federal Tort Claims Act for extensive property damage to a filling station and adjacent restaurant caused by fire occurring in the course of an attempt to drain gasoline from a military vehicle into the pit of the service station's wash rack. There was ample evidence to justify the District Court's findings that this was proximately caused by specific, and spectacular, acts of negligence on the part of military...

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