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UNITED STATES v. SHIVELY

No. 20755.

345 F.2d 294 (1965)

UNITED STATES of America, Appellant, v. Betty Lancaster SHIVELY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 18, 1965.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Washington, D. C., Sampson M. Culpepper, Asst. U. S. Atty., Floyd M. Buford, U. S. Atty., Macon, Ga., Alan S. Rosenthal, J. F. Bishop, Attys., Dept. of Justice, Washington, D. C., for appellant.

Vincent P. McCauley, Columbus, Ga., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and CARSWELL, District Judge.

CARSWELL, District Judge.

Betty Lancaster Shively sued under the Tort Claims Act for damages incident to injuries sustained by her as a result of the alleged negligence of agents of the United States in allowing her former husband, Sergeant John Lancaster, to have possession of a weapon, the property of the United States, with which he inflicted injuries upon her in a murderous assault.

Upon full and careful development of the record, about which there is...

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