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SMITH v. UNITED STATES

Civ. A. No. 34163.

330 F.Supp. 867 (1971)

Floyd SMITH, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Michigan, S. D.

August 20, 1971.

Attorney(s) appearing for the Case

Clarice Jobes, Philo, Maki, Ravitz, Jobes, Cockrel & Robb, Detroit, Mich., for plaintiff.

Neil R. Peterson, Atty., U. S. Dept. of Justice, Washington, D. C., Fred M. Mester, Asst. U. S. Atty., Detroit, Mich., for defendant.

MEMORANDUM OPINION FACTS

FEIKENS, District Judge.

Plaintiff, Floyd Smith, brings this action against the Government under the Federal Tort Claims Act. The accident complained of occurred during the Detroit riots of the summer of 1967. The Michigan National Guard had been federalized pursuant to Executive Order dated July 24, 1967, providing that the Secretary of Defense was authorized:

1. To take all appropriate steps to restore law and order in...

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