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TYNDALL v. UNITED STATES

Civ. A. Nos. 1294-1298.

306 F.Supp. 266 (1969)

Donald L. TYNDALL v. UNITED STATES of America. Lisa Michelle TYNDALL, a minor, etc. v. UNITED STATES of America. Kimberly Fay TYNDALL, a minor, etc. v. UNITED STATES of America. Donald L. TYNDALL, Administrator, etc. v. UNITED STATES of America. Bruce Edward TYNDALL, a minor, etc. v. UNITED STATES of America.

United States District Court E. D. North Carolina, Wilmington Division.

December 2, 1969.

Attorney(s) appearing for the Case

Henry L. Stevens, III, Russell J. Lanier, Jr., Renansville, John R. Newton, Wilmington, N. C., for plaintiffs.

Robert H. Cowen, U.S. Atty., W. Arnold Smith, Asst. U.S. Atty., Raleigh, N. C., for defendant.

MEMORANDUM OPINION

OREN R. LEWIS, District Judge Designate.

These cases were brought under the Federal Tort Claims Act against the United States to recover for the wrongful death of Mrs. Elizabeth M. Tyndall and injuries to Donald L. Tyndall and his three children resulting from a head-on collision between a United States Marine Corps truck and an automobile then being driven by Donald L. Tyndall.

Most of the facts were stipulated— Some evidence...

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