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HARSTAD v. UNITED STATES

Nos. 23762, 23763.

439 F.2d 779 (1971)

Harold HARSTAD, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Vernita G. HARSTAD, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 26, 1971.

Attorney(s) appearing for the Case

Raymond J. Conboy (argued), of Pozzi, Wilson & Atchison, Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for plaintiffs-appellants.

Carl Eardley (argued), William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander and Robert E. Kopp, Attys., Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Richard C. Helgeson, Victor E. Harr, Asst. U. S. Attys., Portland, Or., for defendant-appellee.

Before MERRILL, KOELSCH and DUNIWAY, Circuit Judges.

PER CURIAM:

Appeals by plaintiffs, Harold Harstad and wife, from adverse judgments in their separate suits against the United States, brought under the Tort Claims Act, to recover judgment for damages sustained as a result of an accident involving Harold and a train of the government owned and operated Alaska Railroad.

Harold was a paying passenger on the train; his legs were severed by its wheels when he alighted from one of the coaches at an unscheduled...

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