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BIAGI v. UNITED STATES

Nos. 29101, 29451.

115 F.Supp. 697 (1953)

BIAGI et al. v. UNITED STATES.

United States District Court N. D. California, S. D.

October 15, 1953.

Attorney(s) appearing for the Case

Rettig & Dunn, San Francisco, Cal., for plaintiffs.

Lloyd H. Burke, U. S. Atty., Frederick J. Woelflen, Asst. U. S. Atty., San Francisco, Cal., for defendant.

HARRIS, District Judge.

Plaintiff Biagi seeks to recover damages under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., for injuries suffered in an automobile collision, defendant being liable for the acts of a non-commissioned driver of the car allegedly responsible for the accident.

The United States challenges the jurisdiction of the Court under the Tort Claims Act. It asserts that plaintiff has already recovered under the Federal...

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