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DOWNES v. UNITED STATES

Civ. No. 633.

249 F.Supp. 626 (1965)

Edward D. DOWNES, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. North Carolina, New Bern Division.

September 28, 1965.

Attorney(s) appearing for the Case

John D. Warlick, Jr., of Ellis, Hooper, Warlick & Waters, Jacksonville, N. C., for plaintiff.

Robert H. Cowen, U. S. Atty., by John R. Hooten, Asst. U. S. Atty., for defendant.

LARKINS, District Judge:

This cause comes before the Court as a civil action against the United States under the Tort Claims Act filed pursuant to the provisions of Title 28 U.S.C.A. § 1346(b) and § 2671 et seq.

Plaintiff alleges that due to the negligent operation of a truck which was the property of the United States, and being operated by one Private Paul D. Brown while in the performance of his official duties as a United States Marine, a collision...

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