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UNITED STATES v. VARNER

No. 24983.

400 F.2d 369 (1968)

UNITED STATES of America, Appellant, v. James S. VARNER et al., Appellees. James S. VARNER and Mrs. Virginia M. Varner, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 13, 1968.

Attorney(s) appearing for the Case

Morton Hollander, William Kanter, Howard J. Kashner, Attys., Dept. of Justice, Washington, D. C., W. Sidney Fuller, Andalusia, Ala., Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., for the United States.

Frank J. Tipler, Jr., Andalusia, Ala., Hugh G. Head, Jr., Atlanta, Ga., for James S. Varner and another.

Charles M. Goetz, Jr., Atlanta, Ga., for Andy Electric Co.

Before GEWIN and THORNBERRY, Circuit Judges, and EDENFIELD, District Judge.

THORNBERRY, Circuit Judge:

James S. Varner and his wife instituted this suit under the Federal Tort Claims Act, 28 U.S.C. § 1346, against the Government for personal injuries sustained by Mr. Varner while working at Dobbins Air Force Base. Andy Electric Company, Varner's employer, had entered into a contract with the Government to remove some of the old electric poles on the base, replace them with new poles, and transfer the wiring from the old to the new poles...

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