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FREY v. WOODARD

No. 84-1105.

748 F.2d 173 (1984)

Woodrow and Betty FREY, Appellants v. Gerald Dean WOODARD, Joe McCracken and the United States of America.

United States Court of Appeals, Third Circuit.

Decided November 19, 1984.

Attorney(s) appearing for the Case

Charles J. Hair, Frank J. Madey (argued), Thomas & Jordan, Allentown, for appellants.

Jackson M. Sigmon, Michael P. Shay, Richard E. Sante, Jr. (argued), Sigmon & Ross, P.C., Bethlehem, Pa., for appellee, Gerald Dean Woodard.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, James G. Sheehan, Asst. U.S. Atty. (argued), Philadelphia, Pa., for U.S.

Before GIBBONS and GARTH, Circuit Judges, and ROSENN, Senior Circuit Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Woodrow and Betty Frey appeal from a summary judgment in favor of the defendants in their action against Gerald Dean Woodard, Joe McCracken, and the United States seeking compensation for personal injuries the Freys incurred in an automobile accident. The Freys, pedestrians, were struck by a vehicle driven by Woodard, a civilian, after crossing in front of a vehicle owned...

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