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FERRERO v. UNITED STATES

No. 76-4430.

603 F.2d 510 (1979)

Nancy N. FERRERO, Plaintiff-Appellee, United States Fidelity and Guaranty Co., Intervenor-Appellee, v. UNITED STATES of America, Defendant-Appellant. Jean Rountree KAVIANI, Plaintiff-Appellee, Texas Employers Insurance Co., Intervenor-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 29, 1979.

Attorney(s) appearing for the Case

Leonard Schaitman, Eloise E. Davies, Attys., Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., for defendant-appellant.

Joseph D. Jamail, S. Gus Kolius, John Gano, Houston, Tex., for plaintiffs-appellees.

Before AINSWORTH and VANCE, Circuit Judges, and BOOTLE, District Judge.

Rehearing and Rehearing En Banc Denied October 29, 1979.

VANCE, Circuit Judge:

This is an appeal from judgments for the plaintiffs in two consolidated cases brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. Both plaintiffs were injured on September 2, 1974, in separate incidents, when they were struck by a car. The automobile's driver was a psychotic former inmate who had walked away from the Veterans Administration Hospital...

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