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FALK v. UNITED STATES

No. 16975.

375 F.2d 561 (1967)

Harry FALK, Administrator of the Estate of William A. Colina, Deceased, Plaintiff-Appellant, v. The UNITED STATES of America and Elmer Day, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

April 7, 1967.

Attorney(s) appearing for the Case

Philip J. Schneider, Cincinnati, Ohio, for plaintiff-appellant, Waite, Schindel, Bayless & Schneider, Cincinnati, Ohio, on the brief.

Walter H. Fleischer, Dept. of Justice, Washington, D. C., for defendants-appellees, John W. Douglas, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., Joseph P. Kinneary, U. S. Atty., Cincinnati, Ohio, on the brief.

Before O'SULLIVAN and EDWARDS, Circuit Judges, and CECIL, Senior Circuit Judge.

CECIL, Senior Circuit Judge.

This action, based on the Federal Tort Claims Act (Section 2674, Title 28, U.S. C.), was begun in the United States District Court for the Southern District of Ohio, Western Division at Cincinnati, on May 4, 1957. The action was brought by the plaintiff, Harry Falk, as administrator of the Estate of William A. Colina, deceased, against the United States, John Louis Hirt and Elmer Day.

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