SEABOARD COAST LINE RAILROAD CO. v. UNITED STATES

No. 72-2964 Summary Calendar.

473 F.2d 714 (1973)

SEABOARD COAST LINE RAILROAD COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 9, 1973.


Attorney(s) appearing for the Case

Ira De Ment, U. S. Atty., Kenneth E. Vines, Asst. U. S. Atty., Montgomery, Ala., for defendant-appellant.

Walter R. Byars, Montgomery, Ala., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.


GOLDBERG, Circuit Judge:

This is an appeal from an award of damages made pursuant to a finding that plaintiff-appellee, Seaboard Coast Line Railroad Company, had been injured by the negligent actions of defendant-appellant, the United States. The District Court found that plaintiff was injured by the government's negligent performance of an operational function and that the plaintiff could maintain its action under the Federal Tort Claims Act. We affirm.

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