SEABERG v. UNITED STATES

No. 71-1199.

448 F.2d 391 (1971)

Swan SEABERG and Virginia Seaberg, his wife, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 26, 1971.


Attorney(s) appearing for the Case

Guttormsen, Scholfield & Stafford, Seattle, Wash., for plaintiffs-appellants.

L. Patrick Gray III, Asst. Atty. Gen., Stan Pitkin, U. S. Atty., Seattle, Wash., Morton Hollander, Robert M. Feinson, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before CARTER, KILKENNY and CHOY, Circuit Judges.


PER CURIAM:

This is an appeal by the Seabergs from an adverse judgment in an action under the Tort Claims Act, 28 U.S.C. § 2671 et seq., tried to the court without a jury. The Seabergs claimed damages for Mrs. Seaberg's injuries and for the damage to their car. A judgment was entered dismissing the Seabergs' action and awarding the United States a money judgment for the damage to its ambulance.

The case raises three questions, (1) whether a state statute...

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