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WYATT v. UNITED STATES

No. 79-1478.

610 F.2d 545 (1979)

Robert B. WYATT, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1979.

Rehearing Denied January 4, 1980.

Attorney(s) appearing for the Case

James P. Piper, Trial Atty., Torts Branch, Civ. Div., Dept. of Justice, Washington, D. C. (argued), Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., Ronald S. Reed, Jr., U. S. Atty., Kansas City, Mo., Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., on brief, for appellant.

Heywood Davis, Dietrich, Davis, Dicus, Rowlands & Schmitt, Kansas City, Mo. (argued), and Christopher J. Anderson, Kansas City, Mo., on brief, for appellee.

Before HEANEY and HENLEY, Circuit Judges, and SCHATZ, District Judge.

PER CURIAM.

This is an appeal by the government from a judgment rendered against it by the United States District Court for the Western District of Missouri (District Judge William R. Collinson) in a suit brought under the Tort Claims Act, 28 U.S.C. § 1346(b) and § 2671 et seq., by Robert B. Wyatt, surviving spouse of Mildred Wyatt. The opinion of the district court is reported in 470 F.Supp. 116 (W.D.Mo.1979...

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