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McGARRH v. UNITED STATES

No. DC 6557-K.

294 F.Supp. 669 (1969)

Ellis McGARRH, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. Mississippi, Delta Division.

January 2, 1969.

Attorney(s) appearing for the Case

Charles L. Sullivan, Clarksdale, Miss., for plaintiff.

H. M. Ray, U. S. Atty., Oxford, Miss., for defendant.

OPINION OF THE COURT

KEADY, Chief Judge.

This suit is filed under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), to recover damages for serious injuries allegedly suffered by plaintiff when his automobile struck the rear-end of an automobile driven by Private First Class Jesse D. Morrell, III, a soldier of United States Army, then in leave status and under orders transferring him from one duty station to another. The United States has moved for summary...

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