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LAYNE v. UNITED STATES

Nos. 71-1958, 71-2627.

460 F.2d 409 (1972)

Shields A. LAYNE, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Shields A. LAYNE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 11, 1972.

Attorney(s) appearing for the Case

Greer S. Goldman, Arlington, Va. (argued), Anthony J. Steinmeyer, Alan S. Rosenthal, L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C., G. Kent Edwards, U. S. Atty., Anchorage, Alaska, for appellant/cross appellee.

Stephen N. Lipton (argued), Henry H. Wallace, of Wallace & Lipton, Pittsburgh, Pa., James R. Blair, of Rice, Hoppner & Blair, Fairbanks, Alaska, for appellee/cross appellant.

Before HAMLIN, DUNIWAY and GOODWIN, Circuit Judges.

DUNIWAY, Circuit Judge:

The United States, defendant in this Federal Tort Claims Act action, appeals from the district court's judgment of liability and award of damages in favor of the plaintiff Layne, challenging the finding of liability on the ground that Layne was contributorily negligent as a matter of law and alternatively requesting correction of the allegedly erroneous computation of the damages granted. Layne cross-appeals, claiming that the amount awarded...

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