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RODRIGUEZ v. UNITED STATES

No. 71-1250.

455 F.2d 940 (1972)

Ramon Agueda RODRIGUEZ, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 18, 1972.

Attorney(s) appearing for the Case

Pedro E. Purcell Ruiz, Santurce, P. R., with whom George L. Weasler, Santurce, P. R., was on brief, for plaintiff-appellant.

Walter H. Fleischer, Atty., Dept. of Justice, with whom L. Patrick Gray, III, Asst. Atty. Gen., Julio Morales Sanchez, U. S. Atty., and Judith S. Ziss, Atty., Dept. of Justice, were on brief, for defendant-appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

This is a Federal Tort Claims Act suit against the United States, 28 U.S.C. § 1346(b). Plaintiff's car was struck by a Navy vehicle driven on an alleged errand of "mercy" by an intoxicated off-duty serviceman. The court dismissed the complaint, 328 F.Supp. 1389, and plaintiff appeals.

Briefly the facts were these. One Brasselton, a naval petty officer, was stationed in Puerto Rico. On the evening of April...

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