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UTZINGER v. UNITED STATES

No. 19613.

432 F.2d 485 (1970)

Inez UTZINGER, now Inez Hillis, as Admrx., etc. and in her own behalf, Libellant-Appellant, v. UNITED STATES of America, Respondent-Appellee, v. Inez UTZINGER, now Inez Hillis, Admrx., etc., Cross-Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

September 30, 1970.

Attorney(s) appearing for the Case

Walter C. Beall, Cincinnati, Ohio, for libelant-appellant; Hoover, Beall & Eichel, Cincinnati, Ohio, Harry Alan Sherman, Pittsburgh, Pa., on brief.

Walter H. Fleischer, Atty., Dept. of Justice, Washington, D. C., for respondent-appellee; William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Leonard Schaitman, Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., William W. Milligan, U. S. Atty., Cincinnati, Ohio, on brief.

Before PHILLIPS, Chief Judge, and WEICK and McCREE, Circuit Judges.

WEICK, Circuit Judge.

Inez Utzinger, now Inez Hillis, filed a Libel in Admiralty as administratrix of the estate of her husband, Oliver T. Utzinger, and in her own behalf, to recover damages against the United States for his wrongful death and for her own injuries arising out of a motorboat accident occurring in the Cincinnati area of the Ohio River around midnight on August 27, 1963. The United States filed an Answer denying liability and a Cross-Libel against Utzinger...

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