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SULLIVAN v. UNITED STATES

Civ. A. No. 67-296.

299 F.Supp. 621 (1968)

James M. SULLIVAN, Plaintiff, v. UNITED STATES of America, Defendant, Kenneth F. RUMSEY, Third-Party Defendant.

United States District Court N. D. Alabama, Western Division.

July 26, 1968.

Attorney(s) appearing for the Case

Frank W. Riggs, III and Truman Hobbs and Hobbs, Copeland, Franco, Riggs & Screws, Montgomery, Ala., for plaintiff.

Macon L. Weaver, U. S. Atty. and E. Ray Acton, Asst. U. S. Atty., Birmingham, Ala.,; Carl Eardley, Acting AG Civil Division; John G. Laughlin, Chief, Torts Section; and William L. Morrow, Atty., Civil Rights Division, U. S. Department of Justice, Washington, D. C., for defendant.

Hubbard H. Harvey, Demopolis, Ala., for third party defendant Kenneth F. Rumsey.

OPINION IN LIEU OF FORMAL FINDINGS UNDER RULE 52

GROOMS, District Judge.

I.

This action is brought by the plaintiff, James M. Sullivan, under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and § 2674. Kenneth F. Rumsey was made a third-party defendant on motion of the United States. The third-party defendant has filed a counterclaim also seeking damages under the Federal Tort Claims Act.

Shortly before May 22, 1965 arrangements...

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