MEMORANDUM ORDER
HIGGINBOTHAM, District Judge.
The parties to this civil action, alleged to arise under 28 U.S.C.A. § 1346(b) and § 2671 et seq., have stipulated to the "pertinent facts" of the case. Before the Court are the parties competing motions for summary judgment under Rule 56 Federal Rules of Civil Procedure.
The stipulation of facts reveals that on or about October 7, 1963, plaintiff while in the military service of the United...
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