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MERCHANTS NAT. BANK & TRUST CO. OF FARGO v. UNITED STATES

Civ. No. 4185.

272 F.Supp. 409 (1967)

The MERCHANTS NATIONAL BANK AND TRUST COMPANY OF FARGO, a corporation, as Administrator and Personal Representative of the Estate of Eloise A. Newgard, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. North Dakota, Southeastern Division.

As Corrected October 16, 1967.

Attorney(s) appearing for the Case

John D. Kelly and Myron H. Bright, of Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., for plaintiff.

John O. Garaas, U. S. Atty., Kermit Edward Bye, Asst. U. S. Atty., Fargo, N. D., and Olin M. Stansbury, Jr., Wichita, Kan., for defendant.

MEMORANDUM OF DECISION

RONALD N. DAVIES, District Judge.

This is an action brought by the Merchants National Bank and Trust Company of Fargo, a corporation, as Administrator and Personal Representative of the Estate of Eloise A. Newgard, deceased, against the United States of America, to recover damages by reason of the alleged negligent conduct of the defendant's agents and employees which resulted in the killing of Eloise A. Newgard by her husband, William...

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