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B C P CORPORATION v. UNITED STATES

No. 22868.

415 F.2d 327 (1969)

B C P CORPORATION, a Corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Ninth Circuit.

July 28, 1969.

Attorney(s) appearing for the Case

D. Thompson Slutes (argued), of Lesher, Scruggs, Rucker, Kimble & Lindamood, Tucson, Ariz., for appellant.

Lawrence Turoff (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Phoenix, Ariz., for appellee.

Before HAMLEY, BROWNING, and ELY, Circuit Judges.

PER CURIAM:

Plaintiff brought suit under the Federal Tort Claims Act, 28 U.S.C. § 1346, to recover damages incurred when plaintiff's tractor-trailer attempted to pass a five-vehicle United States Air Force convoy on an Arizona highway. Plaintiff's principal theory was that one of the vehicles in the convoy negligently crossed the center line, forcing his tractor-trailer off the highway.

There was a sharp conflict in the evidence, both between witnesses...

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