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MARCUM v. UNITED STATES

No. 78-2248.

621 F.2d 142 (1980)

Virginia Elaine MARCUM, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 9, 1980.

Attorney(s) appearing for the Case

John R. Olds, Baton Rouge, La., for plaintiff-appellant.

Mitchell B. Lansden, Asst. U. S. Atty., Baton Rouge, La., for defendant-appellee.

Before TUTTLE, AINSWORTH and SAM D. JOHNSON, Circuit Judges.

AINSWORTH, Circuit Judge:

In this wrongful death action Virginia Elaine Marcum sued the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., alleging that her deceased husband Ronney F. Marcum was killed in an accident caused by the negligence of Oscar Kwiterovich, an employee of the United States Department of Labor, acting within the scope of his employment. The parties consented to a trial before a United States magistrate on stipulated...

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