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HUNT v. UNITED STATES

Nos. 24357, 24382.

432 F.2d 208 (1970)

Ted HUNT and Leona Hunt, husband and wife, Plaintiffs and Appellees, v. UNITED STATES of America, Appellant. Gordon W. McCRARY, Jr., and Phyllis A. McCrary, as Co-Administrator/Administratrix and personal representatives of Cindy Marie McCrary, deceased, as Father and Mother and Next Friends of Teresa Irene McCrary, a minor child, and also individually, Plaintiffs and Appellees, v. UNITED STATES of America, Appellant. UNITED STATES of America, Appellant, v. STATE OF ALASKA, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 4, 1971.

Attorney(s) appearing for the Case

Reed Johnston (argued), Robert V. Zener, Attys., William D. Ruckelshaus, Ass't. Atty. Gen., Dept. of Justice, Washington, D. C., Douglas B. Baily, U. S. Atty., Anchorage, Alaska, for appellant.

George N. Hayes (argued), Delaney, Wiles, Moore, Hayes & Reitman, Joseph L. Young (argued), of Atkinson, Wade, Conway & Young, Anchorage, Alaska for appellees.

Before CHAMBERS, HAMLEY and KILKENNY, Circuit Judges.

CHAMBERS, Circuit Judge:

The Alaska Railroad is a small part of the United States Government.

On the morning of January 1, 1966, Leona Hunt drove the Hunt family car along a well-traveled state highway into the second engine unit of an Alaska Railroad train at a crossing between Palmer and Anchorage, Alaska. Mrs. Phyllis McCrary and two McCrary children were guest passengers in the Hunt car. All were injured and Cindy Marie McCrary, a daughter, died as a consequence...

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