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MASON v. UNITED STATES

No. 77-2632. Summary Calendar.

568 F.2d 1135 (1978)

Mark E. MASON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 2, 1978.

Attorney(s) appearing for the Case

Donald B. Dailey Jr., Corpus Christi, Tex., for plaintiff-appellant.

Sula Baye, Asst. U. S. Atty., J. A. Canales, U. S. Atty., Helen M. Eversberg, Asst. U. S. Atty., Houston, Tex., for defendant-appellee.

Before MORGAN, CLARK, and TJOFLAT, Circuit Judges.

PER CURIAM:

Mark Mason, a petty officer in the United States Navy, filed suit against the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., to recover damages for bodily injuries alleged to have been caused by the negligence of a Navy seaman. Mason was injured when the motorcycle he was driving was struck by a car driven by Fredrick Frazier, a seaman who was on active duty and acting within the scope of his duties. The accident...

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