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BYRUM v. UNITED STATES

Civ. A. 68-42.

311 F.Supp. 892 (1970)

Marian A. BYRUM, Executrix, etc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Ohio, E. D.

April 16, 1970.

Attorney(s) appearing for the Case

Larry H. Snyder, of Chamblin, Snyder & Henry, Columbus, Ohio, for plaintiff.

Robert M. Draper, U. S. Atty., Columbus, Ohio, Mitchell Rogovin, Asst. Atty. Gen., and David A. Wilson and Robert J. Campbell, Dept. of Justice, Washington, D. C., for defendant.

OPINION AND ORDER

KINNEARY, District Judge.

This matter is before the Court on the motions of both the plaintiff and the defendant for summary judgment under the provisions of Rule 56 of the Federal Rules of Civil Procedure.

Rule 56(a) Fed.R.Civ.P. authorizes that "a party seeking to recover upon a claim * * * may * * * move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof." Rule 56(b) Fed.R.Civ...

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