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UNITED STATES v. CARTWRIGHT

No. 26214.

451 F.2d 1021 (1971)

UNITED STATES of America, Appellant, v. John Junior CARTWRIGHT, Appellee.

United States Court of Appeals, Ninth Circuit.

November 30, 1971.

Attorney(s) appearing for the Case

Raymond D. Battocchi (argued), Morton Hollander, Dept. of Justice, L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C., Richard K. Burke, U. S. Atty., N. Warner Lee, Asst. U. S. Atty. Phoenix, Ariz., for appellant.

Olgerd W. Kalyna (argued), of Beer & Kalyna, Phoenix, Ariz., for appellee.

Before BROWNING and HUFSTEDLER, Circuit Judges, and FERGUSON, District Judge.

PER CURIAM:

After the district court granted summary judgment against the United States, the Arizona Supreme Court decided in Teel v. Barth, 107 Ariz. 452, 489 P.2d 262 (1971), that when a deceased has purchased insurance to protect others against his negligence and there is no reprehensible dilatoriness on the part of the claimant nor failure of the claimant to proceed in a reasonable manner, an...

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