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BLYTHE v. TARKO

Civ. A. No. 631-F.

188 F.Supp. 83 (1960)

Richard BLYTHE and Jean Blythe, Plaintiffs, v. John TARKO, Fred Glover, and United States of America, Defendants.

United States District Court N. D. West Virginia, at Fairmont.

October 13, 1960.

Attorney(s) appearing for the Case

Mary Frances Brown and W. Mote Thompson, Jr., Stathers & Cantrall, Clarksburg, W. Va., for plaintiffs.

Oscar J. Andre and Willis O. Shay, Steptoe & Johnson, Clarksburg, W. Va., for defendant John Tarko.

Russell L. Furbee, Furbee & Hardesty, Fairmont, W. Va., for defendant Fred Glover.

Albert M. Morgan, U. S. Atty., and Robert J. Schleuss, Asst. U. S. Atty., Fairmont, W. Va., for defendant U. S.

HARRY E. WATKINS, Chief Judge.

Plaintiffs bring this action for personal injuries sustained by them while driving from Fairmont, West Virginia, to Morgantown, West Virginia, on March 29, 1959. The driver of the car which hit them was defendant Tarko. Plaintiffs have also sued defendants Glover and the United States under the theory that Tarko was an employee of both Glover and the United States acting within the scope of his employment in carrying United States mail...

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