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FUCHSTADT v. UNITED STATES

No. 661, Docket 35698.

442 F.2d 400 (1971)

John Adams FUCHSTADT, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 20, 1971.

Attorney(s) appearing for the Case

Bernard Meyerson, Brooklyn, N. Y. (Moe Levine and Aaron J. Broder, New York City, on the brief), for plaintiff-appellee.

Alan B. Morrison, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This is the second part of what has become a serialized appeal in this traffic accident litigation removed from state into federal court under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. After a trial without a jury, Judge Cannella awarded Fuchstadt a judgment for damages against the United States in the amount of $150,000. The Government appealed both from the finding that its employee was solely at fault in causing...

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