NOGA v. UNITED STATES

No. 22165.

411 F.2d 943 (1969)

Anthony F. NOGA, Special Administrator of the Estate of Peter Anthony Noga, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 25, 1969.


Attorney(s) appearing for the Case

James D. Mart (argued), of Hoberg, Finger, Brown & Abramson, San Francisco, Cal., for appellant.

Carl Eardley, Washington, D. C. (argued), Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton Hollander, William Kanter, Attys., Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLEY, MERRILL and BROWNING, Circuit Judges.


HAMLEY, Circuit Judge:

Peter Anthony Noga brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (1964). He sought damages for grievous personal injuries, from which he later died, sustained in an automobile accident. According to the complaint, the collision was caused by the negligence of the driver of the vehicle in which he was riding. The driver was a Government employee then acting within the...

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