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FITCH v. UNITED STATES

No. 74-1700.

513 F.2d 1013 (1975)

Clyde FITCH and Sharon Fitch, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

April 15, 1975.

Attorney(s) appearing for the Case

William W. Milligan, U. S. Atty., Columbus, Ohio, William Kanter, Stanton Koppel, Carla A. Hills, Asst. Atty. Gen., Richard A. Olderman, Morton Hollander, Dept. of Justice, Washington, D. C., for defendant-appellant.

Frank J. Neff, Barkan, Barkan & Neff, Columbus, Ohio, for plaintiffs-appellees.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from an award under the Federal Tort Claims Act. The District Court ordered the United States to pay Appellees $31,661 in compensatory and punitive damages for wrongfully inducting Clyde Fitch into the Armed Forces. The United States argues that two exceptions to the Act apply, that Appellee Clyde Fitch was contributorily negligent, and that an award of damages is inappropriate...

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