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McKENZIE v. UNITED STATES

No. 81-3415 Summary Calendar.

678 F.2d 571 (1982)

Jerry McKENZIE, individually and for the use and benefit of the minor, Gregory McKenzie, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Jerry McKENZIE, individually and for the use and benefit of the minor, Gregory McKenzie, Plaintiff-Appellant, v. NEW ORLEANS PUBLIC SERVICE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 14, 1982.

Attorney(s) appearing for the Case

Carl, Roussel & Hughes, Robert T. Hughes, New Orleans, La., for plaintiff-appellant.

John P. Volz, U. S. Atty., Roy F. Blondeau, Jr., Asst. U. S. Atty., New Orleans, La., for United States.

Charlton B. Ogden, II, Legal Dept., New Orleans, La., for New Orleans Public Service, Inc. and Herman Dear.

Before CLARK, Chief Judge, and REAVLEY and RANDALL, Circuit Judges.

PER CURIAM:

This is an appeal from final judgments entered in two actions — one filed in the United States district court under the Federal Tort Claims Act, the other a negligence action initially filed in a Louisiana state court and subsequently removed to federal court — that arose out of the same facts and were consolidated for trial in the district court. We hold that the district court's finding that the United States was not negligent is supported...

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