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FLANNERY FOR FLANNERY v. UNITED STATES

No. 80-1563.

718 F.2d 108 (1983)

William FLANNERY, Committee for Michael George FLANNERY, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1983.

Rehearing and Rehearing Denied December 27, 1983.

Attorney(s) appearing for the Case

Marc Johnston, Civ.Div., Dept. of Justice, Washington, D.C., (Alice Daniel, Asst. Atty. Gen., Washington, D.C., Robert B. King, U.S. Atty., Charleston, W.Va., Anthony J. Steinmeyer, Civ.Div., Dept. of Justice, Washington, D.C., on brief), for appellant.

Ray L. Hampton, II, Huntington, W.Va. (Lafe C. Chafin, Barrett, Chafin, Lowry & Hampton, Huntington, W.Va., on brief), for appellee.

Before WINTER, Chief Judge, HALL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied December 27, 1983.

HAYNSWORTH, Senior Circuit Judge:

The plaintiff, a twenty-two year old young man, became permanently comatose as a result of extensive brain damage suffered in an automobile accident later determined to have been caused by the negligence of the driver of the other vehicle who was a federal employee on official business. After a trial of this action, brought under the Federal Tort Claims Act, the court...

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