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UNITED STATES v. UDY

No. 9156.

381 F.2d 455 (1967)

UNITED STATES of America, Appellant, v. Elizabeth J. UDY, on behalf of herself and her minor children Lori Kay Udy, Jo Ann Udy, Verlene R. Udy and Delpha L. Udy, Appellees.

United States Court of Appeals Tenth Circuit.

August 3, 1967.

Attorney(s) appearing for the Case

Morton Hollander, Washington, D. C., (Barefoot Sanders, Asst. Atty. Gen., William T. Thurman, U. S. Atty., and Robert E. Kopp were with him on the brief), for appellant.

Robert V. Phillips, Ogden, Utah (C. C. Patterson, of Patterson, Foley, Phillips & Gridley, Ogden, Utah, on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

The United States appeals from a judgment in the sum of $140,000 entered in the District of Utah in favor of appellees in an action considered by the court under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). The plaintiff below, wife of a civilian employee of Hill Air Force Base, a large military installation located near Ogden, Utah, obtained such judgment on behalf of herself and children, as damages for the death of her husband...

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