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SPAIN v. UNITED STATES

No. CV 77-64-M.

452 F.Supp. 585 (1978)

Deborah L. SPAIN, Personal Representative of Howard V. Spain, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Montana, Missoula Division.

June 30, 1978.

Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips, Murray, Donahue & Kaufman, Kalispell, Mont., for plaintiff.

Robert T. O'Leary, U. S. Atty., Butte, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

Deborah L. Spain, widow and personal representative of the Estate of Howard V. Spain, deceased, sues the United States under the Federal Tort Claims Act (28 U.S.C. § 1346(b)) to recover damages for his wrongful death. Spain was killed while training with the Montana National Guard. The death occurred as a result of a motor vehicle accident, and it is alleged that officers of the United States negligently...

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