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BISSELL v. McELLIGOTT

Nos. 18330, 18332.

369 F.2d 115 (1966)

Bonnie J. BISSELL et al., Appellants, v. Edmond J. McELLIGOTT, etc., et al., Appellees. Sylvia Lynn GAMPHER et al., Appellants, v. Edmond J. McELLIGOTT, etc., et al., Appellees.

United States Court of Appeals Eighth Circuit.

December 6, 1966.

Attorney(s) appearing for the Case

Alan B. Slayton, of Reese, Constance & Slayton, Independence, Mo., and Tom B. Kretsinger, of Kretsinger, Kretsinger & Edell, Kansas City, Mo., for appellants and filed printed brief.

Jack H. Weiner, Atty., Dept. of Justice, Washington, D. C., for appellee United States; John W. Douglas, Asst. Atty. Gen., Dept. of Justice, and David L. Rose, Atty., Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Mo., were with him on the brief.

No argument or brief filed for Edmond J. McElligott, appellee.

Before VAN OOSTERHOUT and GIBSON, Circuit Judges, and NICHOL, District Judge.

VAN OOSTERHOUT, Circuit Judge.

Before us are appeals by the plaintiffs from summary judgment dismissing their consolidated causes of action against the United States under the Federal Tort Claims Act based on wrongful death and damages arising out of alleged negligent operation of his private automobile by Sgt. Tompkins of the Air Force while traveling on travel time from a temporary base back to his permanent station. The trial court held that Missouri law of respondeat...

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