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MENDIOLA v. U.S.

No. 92-3428.

994 F.2d 409 (1993)

Yole Rita MENDIOLA and Eulalio Mendiola, Sr., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 3, 1993.

Attorney(s) appearing for the Case

Thomas F. Londrigan (argued), Londrigan, Potter & Randle, Springfield, IL, and Scott R. Guido and Gary L. Gearhart, Gearhart & Associates, LaSalle, IL, for plaintiffs-appellants.

Joseph Hartzler (argued) and James A. Lewis, Asst. U.S. Atty., Office of the U.S. Atty., Springfield, IL, for defendant-appellee.

Before CUDAHY, and POSNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Yole Rita Mendiola and Eulalio Mendiola, Sr. (collectively the "Mendiolas") are appealing the district court's judgment against them in this Federal Tort Claims Act case, arising out of an automobile accident which involved a United States government employee. After a bench trial on the issue of liability only, the district court determined that the collision was unavoidable, the government employee was not negligent, and the conduct...

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