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HICKS v. UNITED STATES

No. 73-1929.

511 F.2d 407 (1975)

Hazel Morgan HICKS et al. v. UNITED STATES of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 1975.

As Amended April 21, 1975.

Attorney(s) appearing for the Case

Michael G. Scheininger, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Derek I. Meier, Asst. U. S. Attys., were on the brief for appellant. Harold H. Titus, Jr., U. S. Atty. at the time the record was filed, also entered an appearance for appellant.

George W. Shadoan, Rockville, Md., for appellees.

Before FAHY, Senior Circuit Judge, and McGOWAN and TAMM, Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge FAHY.

Concurring opinion filed by Circuit Judge TAMM, with whom Circuit Judge McGOWAN joins.

FAHY, Senior Circuit Judge:

Plaintiffs in the District Court, appellees in this court, are co-administratrices of the estate of Corinne Morgan, deceased. They sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671,

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