UNITED STATES v. STATE OF MARYLAND

Nos. 18676, 18677.

349 F.2d 693 (1965)

UNITED STATES of America, Appellant, v. STATE OF MARYLAND for the Use of Mary Jane MEYER et al., Appellees. UNITED STATES of America, Appellant, v. STATE OF MARYLAND for the Use of Vance Lewman BRADY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 11, 1965.

Petition for Rehearing Denied April 21, 1965.


Attorney(s) appearing for the Case

Mr. David L. Rose, Attorney, Department of Justice, with whom Asst. Atty. Gen., John W. Douglas, Messrs. David C. Acheson, U. S. Atty., and Morton Hollander, Attorney, Department of Justice, were on the brief, for appellant. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellant.

Mr. Richard W. Galiher, Washington, D. C., and Mr. Louis G. Davidson, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Mr. William E. Stewart, Jr., Washington, D. C., was on the brief, for appellees.

Before FAHY, DANAHER and BURGER, Circuit Judges.


Petition for Rehearing En Banc Denied April 21, 1965.

FAHY, Circuit Judge:

In United States v. State of Maryland, 116 U.S.App.D.C. 259, 322 F.2d 1009, cert. denied, 375 U.S. 954, 84 S.Ct. 445, 11 L.Ed.2d 314 (1963), we affirmed a judgment of the District Court in favor of appellees under the Federal Tort Claims Act, Ch. 753, 60 Stat. 842 (1946) (codified in various sections of 28 U. S.C.). A copy of the pertinent parts of...

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