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BAILEY v. UNITED STATES

No. 22219.

352 F.2d 805 (1965)

Aaron BAILEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 12, 1965.

Attorney(s) appearing for the Case

Earl E. Cloud, Larry Bruce Ables, Huntsville, Ala., Cloud, Berry & Ables, Huntsville, Ala., for appellant.

Macon L. Weaver, U. S. Atty., Birmingham, Ala., Morton Hollander, John C. Eldridge, Martin Jacobs, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., for appellee.

Before MARIS, RIVES and BELL, Circuit Judges.

PER CURIAM.

This appeal is from the grant of a motion for summary judgment. Appellant, a lessee of grazing lands from the United States, brought suit under the Federal Tort Claims Act for damages to cattle allegedly caused by the negligence of the United States. The motion was based on an exculpatory and hold harmless clause in the lease.1 It was controlling in the circumstances and the District Court properly terminated the litigation...

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