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UNITED STATES v. MYERS

No. 22830.

363 F.2d 615 (1966)

UNITED STATES of America, Appellant, v. James S. MYERS, Individually and for his wife, Harriet Myers, and as Natural Guardian and Next Friend of James Myers, a Minor, et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 6, 1966.

Attorney(s) appearing for the Case

Kenneth J. Mighell, Asst. U. S. Atty., Dallas, Tex., Robert J. Vollen, Alan S. Rosenthal, Martin Jacobs, Robert V. Zener, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Melvin M. Diggs, U. S. Atty., for appellant.

Phillip L. Kelton, Paul Kemp Hyde, Wilson W. Herndon, Dallas, Tex., for appellees, Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., of counsel.

Bradford D. Corrigan, Jr., Golden, Croley, Howell, Johnson & Mizell, Dallas, Tex., for amicus curiae, National Rural Letter Carriers Assn., Marion Edwyn Harrison, Reeves, Harrison, Sams & Revercomb, Washington, D. C., of counsel.

Gambrell, Harlan, Russell & Moye, Atlanta, Ga., amicus curiae, on behalf of National Underwriters, etc., Charles A. Moye, Jr., Edward W. Killorin, George W. Hart, Atlanta, Ga., of counsel.

Before HUTCHESON and BELL, Circuit Judges, and FULTON, District Judge.

HUTCHESON, Circuit Judge:

This appeal is from a judgment dismissing the third-party complaint of the United States against Government Employees Insurance Company [GEIC] in a suit brought against the United States under the Federal Tort Claims Act, 28 U.S.C. Secs. 1346(b), 2671-2680. The suit was instituted to recover for injuries and damages sustained in an automobile accident involving an automobile owned and operated by a United States employee, Elwood C. Pugh,...

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