BLACK v. UNITED STATES

No. 423-70.

444 F.2d 1215 (1971)

Lorraine Kimball BLACK et al., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellee, and Philco Distributors, Inc., et al., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 22, 1971.


Attorney(s) appearing for the Case

Ray R. Christensen, Salt Lake City, Utah, for defendant-appellant.

Max K. Mangum, Salt Lake City, Utah, for plaintiff-appellee.

Raymond D. Battocchi, Washington, D. C., (L. Patrick Gray, III, Asst. Atty. Gen., C. Nelson Day, U. S. Atty., Robert V. Zener and Patricia S. Baptiste, Attys., Dept. of Justice, Washington, D. C., on the brief), for defendant-appellee.

Before HILL and McWILLIAMS, Circuit Judges, and BRATTON, District Judge.


HILL, Circuit Judge.

This is the second time this case has been here upon appeal. Black v. United States, 421 F.2d 255 (10th Cir. 1970). The facts are fully set out in the prior opinion and will be referred to here only insofar as they will aid resolution of the issues now before us. Originally Black's claim against Philco was tried to a jury, and the claim against the United States was...

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