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UNITED STATES v. GALLAGHER

No. 71-1538.

467 F.2d 1103 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. William GALLAGHER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 3, 1972.

Attorney(s) appearing for the Case

James C. Ausum (argued), John H. Bradbury, of Howard, LeGros, Buchanan & Paul, Seattle, Wash., Lawrence F. Ledebur, Chief, Admiralty Section, Washington, D. C., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellant.

Don M. Gulliford (argued), of Rutherford, Kargianis & Austin, Seattle, Wash., for defendant-appellee.

Before HAMLEY, HUFSTEDLER and GOODWIN, Circuit Judges.

HUFSTEDLER, Circuit Judge:

The Government filed a complaint against Gallagher, who negligently injured a seaman employed by the United States, to recover sums it paid its seaman for maintenance and cure. The district court dismissed the action, and the Government appeals. 322 F.Supp. 426.

The case was tried on stipulated facts. In 1968, Gallagher negligently drove his taxicab, causing injury to Frey, the seaman, who was...

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