FRAZIER v. UNITED STATES

No. 18492.

412 F.2d 22 (1969)

Jerry FRAZIER, a minor, by his next friend, T. L. Frazier, and T. L. Frazier, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 28, 1969.


Attorney(s) appearing for the Case

Stephen R. Felson, Civil Division, Dept. of Justice, Washington, D. C., for appellant; Edwin L. Weisl, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Walter H. Fleischer, Attys., Dept. of Justice, Washington, D. C., John H. Reddy, U. S. Atty., Chattanooga, Tenn., on brief.

E. Blake Moore, Chattanooga, Tenn., for appellees; Spears, Moore, Rebman & Williams, Francis I. Breazeale, Chattanooga Tenn., on brief.

Before PHILLIPS, PECK, and McCREE, Circuit Judges.


McCREE, Circuit Judge.

This is an appeal from the District Court's judgment which determined that Billy L. Nabors was acting in the course and scope of his employment when he was involved in an automobile accident in Cleveland, Tennessee, and that appellant, his employer, was therefore liable for his negligence under the Federal Tort Claims Act, 28 U.S.C. § 1346 and § 2671 et. seq.

The facts as found by the District Court are adopted. Prior to August...

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