McCONNELL v. UNITED STATES

No. 28272.

428 F.2d 803 (1970)

Sterling McCONNELL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 16, 1970.


Attorney(s) appearing for the Case

Kenneth L. Ryskamp, Fuller & Brumer, Miami, Fla., for plaintiff-appellant.

Robert W. Rust, U. S. Atty., Morton Orbach, Lloyd G. Bates, Jr., Asst. U. S. Attys., Miami, Fla., for defendant-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.


PER CURIAM.

This is a claim under the Federal Tort Claims Act in which the District Court, Southern District of Florida, found that the Government's agent, Jones (hereinafter defendant) negligently operated his automobile, proximately causing plaintiff's injury, but that plaintiff's negligence contributed to his injury, thus barring recovery under Florida's contributory negligence law.

On this appeal the plaintiff alleges that the district court committed...

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