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EARLY v. UNITED STATES

No. 71-2521.

474 F.2d 756 (1973)

Nancy K. EARLY et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 22, 1973.

Attorney(s) appearing for the Case

Stephen S. DeLisio (argued), Edward A. Merdes, of Merdes, Schaible, Staley & DeLisio, Fairbanks, Alaska, Robert A. Parrish, Fairbanks, Alaska, for plaintiffs-appellants.

Walter H. Fleischer, Atty. (argued), Alan S. Rosenthal, Ronald R. Glanz, Robert Greenspan, Morton Hollander, Attys., Dept. of Justice, Washington, D. C., G. Kent Edwards, U. S. Atty., Stephen Cooper, Asst. U. S. Atty., Fairbanks, Alaska, for defendant-appellee.

Before MERRILL, DUNIWAY and TRASK, Circuit Judges.

TRASK, Circuit Judge:

Only questions of damages are at issue in this Federal Tort Claims Act proceeding, 28 U.S.C. § 1346(b) et seq. The plaintiffs who are husband and wife recovered an aggregate of $380,000 for personal injuries and related claims. They appeal from the court's award because they believe it was not enough; the government cross appeals for the opposite reason.

The injury occurred when Mrs. Early fell down a flight of stairs at Eielson...

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