MARKET INSURANCE COMPANY v. UNITED STATES

No. 26410.

415 F.2d 459 (1969)

MARKET INSURANCE COMPANY, Plaintiff-Appellant, Eva Nell Killion, widow of Jerome Killion, Deceased, and as Parent, Natural Guardian and Next Friend, et al., Intervening Plaintiff-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

September 8, 1969.


Attorney(s) appearing for the Case

W. Swan Yerger, Jackson, Miss., Heidelberg, Woodliff & Franks, Jackson, Miss., of counsel, for appellants.

Robert E. Hauberg, U. S. Atty., W. E. Morse, Joseph E. Brown, Jr., Asst. U. S. Attys., Jackson, Miss., for appellee.

Before COLEMAN and GODBOLD, Circuit Judges, and SCOTT, District Judge.


SCOTT, District Judge:

The prior opinion and judgment of this Court of June 10, 1969, are withdrawn, and the following opinion substituted therefor.

This action was brought against the United States of America for the wrongful death of Jerome Killion, pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671, et seq., by plaintiffs-appellants, Market Insurance Company and Eva Nell Killion, widow of Jerome Killion, deceased, and as guardian...

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