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GOBER v. UNITED STATES

No. 84-7450.

778 F.2d 1552 (1986)

Billy R. GOBER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, FMC Corporation, Third Party Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 2, 1986.

Attorney(s) appearing for the Case

Thomas J. Knight, Anniston, Ala., for plaintiff-appellant.

Frank W. Donaldson, U.S. Atty., Henry I. Froshin, Mary P. Thornton, Asst. U.S. Attys., Birmingham, Ala., for defendant-appellee.

Ralph D. Porch, Anniston, Ala., for FMC Corp.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, District Judge.

TJOFLAT, Circuit Judge:

This is a Federal Tort Claims Act (FTCA) case, see 28 U.S.C. §§ 1346(b), 2671-2680 (1982), involving an accident that occurred in the State of Alabama.1 The district court held that Alabama law provided the claimant, Billy R. Gober, no right of recovery on the facts presented and granted the Government summary judgment. We affirm.

I.

The accident in this case took place at FMC...

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