JOHNSON v. UNITED STATES

Nos. 81-3467, 81-3493.

704 F.2d 1431 (1983)

Freddie L. JOHNSON and Clara Johnson, Husband and Wife, Appellees and Cross-Appellants, v. UNITED STATES of America, Appellant and Cross-Appellee, v. Timothy B. HAY, Third Party Defendant.

United States Court of Appeals, Ninth Circuit.

Decided May 3, 1983.

As Amended on Denial of Rehearing and Rehearing August 2, 1983.


Attorney(s) appearing for the Case

Tom L. Lewis, Regnier & Lewis, Great Falls, Mont., for Freddie L. and Clara Johnson.

Marilyn S.G. Urwitz, Dept. of Justice, Washington, D.C., for the U.S.

Before BROWNING, TUTTLE, and REINHARDT, Circuit Judges.


As Amended on Denial of Rehearing and Rehearing En Banc August 2, 1983.

TUTTLE, Circuit Judge:

FACTS

Sergeant Freddie Johnson, a noncommissioned Air Force officer, is a quadraplegic as the result of injuries sustained in an automobile accident that occurred in the early morning hours of December 13, 1975. The automobile was owned and driven at the time of the accident by Air Force Sergeant Timothy Hay.

Hay and Johnson were on active duty...

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