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MAGEE v. UNITED STATES

Nos. 20-2590, 20-2592.

9 F.4th 675 (2021)

Tom MAGEE, Personal Representative of the Estate of James Owens, Plaintiff, v. UNITED STATES of America, Defendant-Appellee. Benjamin Harris, Defendant-Appellant. Tom Magee, Personal Representative of the Estate of James Owens, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Benjamin Harris, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 13, 2021.

Attorney(s) appearing for the Case

Steven M. Gelfman , Hoffman & Gelfman, Saint Louis, MO, David C. Knieriem , Law Offices David C. Knieriem, Town and Country, MO, for Plaintiff-Appellant.

Nicholas P. Llewellyn , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Missouri, Saint Louis, MO, for Defendant-Appellee.

David Patrick Bub , Kelsey Leigh McLean , Brown & James, Saint Louis, MO, Jeffrey Douglas Lester , Scott & Maschmann, Saint Louis, MO, for Defendant.

Before SMITH, Chief Judge, COLLOTON and ERICKSON, Circuit Judges.

Benjamin Harris injured James Owens while Harris was driving a vehicle owned by the United States Postal Service. Owens sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, and he sued Harris for negligence under Missouri law. The district court1

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