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COBB v. KUMM

No. 15503.

367 F.2d 132 (1966)

Lois M. COBB, Individually and as Executor of the Will of Russell E. Cobb, Deceased, Plaintiff-Appellent, v. Robert KUMM and United States of America, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

August 8, 1966.

Attorney(s) appearing for the Case

Albert H. Manus, Jr., Manus & Korf, Freeport, Ill., for plaintiff-appellant.

Morton Hollander, Chief, Appellate Section, Walter 11. Fleischer, Atty., John C. Eldridge, Atty., U. S. Dept. of Justice, Washington, D. C., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., John W. Douglas, Asst. Atty. Gen., Washington, D. C., for defendants-appellees.

Before KNOCII, KILEY and MAJOR, Circuit Judges.

KILEY, Circuit Judge.

Plaintiff and her husband, since deceased, sued Kumm in a diversity personal injury action to recover damages for injuries suffered when Pfc. Kumm, a United States soldier, drove his car into the rear of plaintiff's automobile at a stoplight in Freeport, Illinois. Later the United States was joined as a defendant under the Federal Tort Claims Act1 under allegations charging vicarious

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