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UNITED STATES v. MYERS

Nos. 17531, 17532.

331 F.2d 591 (1964)

UNITED STATES of America, Appellant, v. Nora A. MYERS, Appellee. UNITED STATES of America, Appellant, v. Nora A. MYERS, Executrix of the Estate of Chester Myers, Appellee.

United States Court of Appeals Eighth Circuit.

May 13, 1964.

Attorney(s) appearing for the Case

John C. Eldridge, Atty., Civil Division, Dept. of Justice, Washington, D. C., made argument for appellant and filed brief with John W. Douglas, Asst. Atty. Gen., Washington, D. C., Morton Hollander, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Mo.

L. Stanley Braton, of Hensley, Rahm & Braton, Warrensburg, Mo., made argument for appellees and filed brief.

Before VAN OOSTERHOUT, RIDGE and MEHAFFY, Circuit Judges.

PER CURIAM.

In these Federal Tort Claims Act (28 U.S.C.A. §§ 1346(b), 2671 et seq.) cases, the Government stipulated: that a soldier, traveling under temporary travel authority and not deviating therefrom, while driving his own automobile on a highway in the State of Colorado, was negligent in causing injury and damage to the appellees. In the light thereof, these parties conceded that the only issue bearing on the Government's liability for the damage sustained...

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