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UNITED STATES v. CULP

No. 21837.

346 F.2d 35 (1965)

UNITED STATES of America, Appellant, v. Clifton L. CULP, Jr., and wife, Virginia Marie Culp, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 13, 1965.

Attorney(s) appearing for the Case

Walter H. Fleischer, Morton Hollander, Marilyn S. Talcott, Attys., Dept. of Justice, Washington, D. C., W. E. Smith, Asst. U. S. Atty., Dallas, Tex., John W. Douglas, Asst. Atty. Gen., Barefoot Sanders, U. S. Atty., John C. Eldridge, Atty., Dept. of Justice, Washington, D. C., for appellant.

Jerry L. Buchmeyer, Dallas, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel, for appellees.

Before TUTTLE, Chief Judge, and BROWN and FRIENDLY, Circuit Judges.

PER CURIAM.

This is an appeal by the United States from a judgment entered against it under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq. The judgment must be affirmed except for the provisions for interest.

The suit resulted from an injury to the appellees in an accident in which their automobile collided with an automobile driven by Pfc. Edwin C. Roof, an enlisted man in the U. S. Army, who was proceeding under Army orders for...

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