ERWIN v. UNITED STATES

Nos. 140-70, 141-70.

445 F.2d 1035 (1971)

Betty ERWIN, Appellee and Cross-Appellant, v. UNITED STATES of America, Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 18, 1971.


Attorney(s) appearing for the Case

James W. Shepherd, Oklahoma City, Okl. (William R. Burkett, U. S. Atty., Oklahoma City, Okl., with him on the brief), for appellant and cross-appellee.

Howard K. Berry, Oklahoma City, Okl. (Howard K. Berry, Jr., and James W. Bill Berry, Oklahoma City, Okl., with him on the brief), for appellee and cross-appellant.

Before PICKETT, BREITENSTEIN and SETH, Circuit Judges.


SETH, Circuit Judge.

This is an appeal by the government from a judgment against it in a tort claims action with a cross-appeal by the plaintiff. The suit arose from an automobile collision involving a government car driven by a government employee. The driver of the government car, and her passenger, a co-worker, were both killed as was the husband of the plaintiff, an occupant of the other car in the collision.

The driver of the government car and her co...

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