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KISSINGER v. FRANKHOUSER

Civ. A. No. 3133.

194 F.Supp. 276 (1961)

Patricia L. KISSINGER, Administratrix of the Estate of Lee N. Kissinger, deceased, and Harold M. Stern, Ancillary Administrator, Plaintiffs, v. James FRANKHOUSER and United States of America, Defendants.

United States District Court E. D. Virginia, Norfolk Division.

May 19, 1961.

Attorney(s) appearing for the Case

Stanley E. Sacks, Norfolk, Va., for plaintiffs.

Taylor, Gustin, Harris & Furniss, Norfolk, Va., Jos. S. Bambacus, U. S. Atty., Richmond, Va. (Roger T. Williams, Asst. U. S. Atty.), Norfolk, Va., for defendants.

WALTER E. HOFFMAN, District Judge.

In this action involving the death of Lee N. Kissinger, a guest passenger in an automobile operated by the defendant, James Frankhouser, the jury returned a verdict against the defendant, Frankhouser, in the sum of $18,900. In plaintiffs' action against the United States judgment was entered in favor of the defendant.

The basis of plaintiffs' claim of gross negligence is grounded upon the intoxication of the defendant. The...

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