TYNDALL v. UNITED STATES

Civ. A. Nos. 1294-1298.

295 F.Supp. 448 (1969)

Donald L. TYNDALL v. UNITED STATES of America. Lisa Michelle TYNDALL, a minor, by her General Guardian, Donald L. Tyndall v. UNITED STATES of America. Kimberly Fay TYNDALL, a minor, by her General Guardian, Donald L. Tyndall v. UNITED STATES of America. Donald L. TYNDALL, Administrator of Estate of Elizabeth M. Tyndall, Deceased, v. UNITED STATES of America. Bruce Edward TYNDALL, a minor, by his General Guardian, Donald L. Tyndall v. UNITED STATES of America.

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

January 15, 1969.


Attorney(s) appearing for the Case

William S. McLean, Asst. U. S. Atty., Eastern District of North Carolina, Raleigh, N. C., for the United States.

Russell J. Lanier, Kenansville, N. C., and George Rountree, Jr., Rountree & Clark, Wilmington, N. C., and Henry L. Stevens, III, Kenansville, N. C., for plaintiffs.


OPINION and JUDGMENT

DALTON, District Judge.

This action is based on 28 U.S.C.A. § 1346(b) and §§ 2671-2680, of the Federal Tort Claims Act. The government has moved for summary judgment upon the facts appearing in the pleadings, depositions, and stipulations filed with this court, claiming that as a matter of law the government is not liable to the plaintiff under the following circumstances, some of which appear indistinctly in the record...

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