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McSWAIN v. UNITED STATES

No. 17873.

422 F.2d 1086 (1970)

Dorothea E. McSWAIN and Stella McSparran, Administratrix of the Estate of Tracy L. McSwain, Deceased, v. UNITED STATES of America, Appellant, v. Herbert L. McSWAIN.

United States Court of Appeals, Third Circuit.

Decided February 20, 1970.

Rehearing Denied March 26, 1970.

Attorney(s) appearing for the Case

Patricia S. Baptiste, Dept. of Justice, Civil Division, Washington, D. C., (William D. Ruckelshaus, Asst. Atty. Gen., Louis C. Bechtle, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

David Kanner, Kanner, Stein, Feinberg & Barol, Philadelphia, Pa. (Edward N. Barol, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, FREEDMAN and ADAMS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The issue in this case is whether the Government is liable for the negligent operation of an automobile by a serviceman travelling from one duty post to another, who for personal reasons did not use a direct route between the two points.

In August, 1962, Corporal Herbert L. McSwain, of the United States Marine Corps, received orders transferring him from Camp Pendleton, California, to the Naval Air Technical...

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