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FUCHSTADT v. UNITED STATES

No. 128, Docket 34454.

434 F.2d 367 (1970)

John Adams FUCHSTADT, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 9, 1970.

Attorney(s) appearing for the Case

Bernard Meyerson, Levine & Broder, New York City, for plaintiff-appellee.

Alan B. Morrison, Michael D. Hess, Michael C. Silberberg, Asst. U. S. Attys., Whitney North Seymour, Jr., U. S. Atty., for defendant-appellant.

Before MEDINA, WATERMAN, and FEINBERG, Circuit Judges.

WATERMAN, Circuit Judge:

At dusk on a snowy afternoon in February 1964, two automobiles proceeding westerly on a divided four lane highway in Connecticut collided as they approached New York. The accident occurred on a dangerous curve as a vehicle driven by Robert Fabio, an employee of the United States acting within the scope of his employment, attempted to pass a car operated by the plaintiff, John Adams Fuchstadt. Plaintiff's car left the road and crashed into...

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