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JOHNSON v. UNITED STATES

Civ. No. 594.

133 F.Supp. 613 (1955)

Barbara Katherine (Rogers) JOHNSON, Administratrix of the Estate of Julius Franklin Rogers, Jr., Deceased, Plaintiff, v. The UNITED STATES of America, Defendant and Third-Party Plaintiff, H. G. BRYANT ELECTRIC CORP., Third-Party Defendant.

United States District Court E. D. North Carolina, Wilmington Division.

August 23, 1955.

Attorney(s) appearing for the Case

Oliver Carter, W. K. Rhodes, Jr., Poisson, Campbell & Marshall, Wilmington, N. C., for plaintiff.

Irvin B. Tucker, Jr., Asst. U. S. Atty., Raleigh, N. C., for defendant and third-party plaintiff.

F. T. Dupree, Jr., Raleigh, N. C., for third-party defendant.

GILLIAM, District Judge.

The plaintiff has sued the United States for wrongful death under the Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, alleging negligence of its agents and the United States has filed a third-party complaint against H. G. Bryant Electric Corporation, alleging, among other things, that (1) if its negligence was a proximate cause of the death, the negligence of the third-party defendant also contributed to such death, and, therefore...

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