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SPIVEY v. U.S.

No. 89-2185.

912 F.2d 80 (1990)

Treamenda SPIVEY; Richard Spivey, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant, and Department of the Navy; Michael E. Woodard, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1990.

Attorney(s) appearing for the Case

Rudolf A. Renfer, Jr., Asst. U.S. Atty., Raleigh, N.C., argued (Margaret Person Currin, U.S. Atty., Stephen A. West, Asst. U.S. Atty., Raleigh, N.C., on brief), for defendant-appellant.

Robert James Burford, Burford & Pugh, Raleigh, N.C., argued (Prince E.N. Shyllon, Raleigh, N.C., on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, and CHAPMAN and WILKINSON, Circuit Judges.

CHAPMAN, Circuit Judge:

The United States (the "Government") appeals an adverse judgment arising from an automobile accident. We affirm in part, vacate in part, and remand for a recalculation of damages.

I

Mrs. Treamenda Spivey and Mr. Richard Spivey sought damages incurred as the result of an automobile accident which occurred on a rainy day near Franklinton, North Carolina, at about 5 p.m. on July 29, 1985. Michael Woodard, a Navy Recruiter, was...

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