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HALL v. UNITED STATES

No. 22253.

407 F.2d 849 (1969)

Gene Owens HALL, Sr., et ux., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 25, 1969.

Attorney(s) appearing for the Case

H. L. McChesney, (argued) of Goldman & McChesney, Missoula, Mont., for appellants.

Robert O'Leary, (argued), Asst. U. S. Atty., Moody Brickett, U. S. Atty., Butte, Mont., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and BROWNING and DUNIWAY, Circuit Judges.

PER CURIAM:

On the night of July 24, 1963, a car driven by appellant Gene Hall collided with an Air Force tractor-trailer on Montana Highway 20. Mr. Hall sued for damages under the Federal Torts Claims Act, 28 U.S.C.A. § 1346(b), claiming negligence on the part of the Air Force driver. His wife sought damages for loss of consortium.

The district court found that the Air Force driver was negligent in obstructing the highway, but not wantonly or grossly...

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