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MEGGE v. UNITED STATES

No. 15856.

344 F.2d 31 (1965)

Mary L. MEGGE et al., Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 14, 1965.

Attorney(s) appearing for the Case

George L. Downing, Detroit, Mich. (Kelman, Loria, Downing & Craig, Detroit, Mich., on the brief), for plaintiffs-appellants.

John W. Douglas, Asst. Atty. Gen., Dept. of Justice, Civil Div., Washington, D. C. (Sherman L. Cohn, Kathryn H. Baldwin, Attys., Dept. of Justice, Washington, D. C., Lawrence Gubow, U. S. Atty., Detroit, Mich., on the brief), for defendant-appellee.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

This suit was brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b) and 2671-2680. The question presented is whether a right of action lies under this statute for personal injuries and death resulting from an automobile accident allegedly caused by the negligence of an intoxicated Air Force sergeant who, while already intoxicated, was sold liquor at the bar of a noncommissioned...

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