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ELLIOTT BY AND THROUGH ELLIOTT v. U.S.

Civ. A. No. 91-55-COL.

877 F.Supp. 1569 (1992)

David E. ELLIOTT, Jr., an incapacitated adult, By and Through his guardian, Barbara V. ELLIOTT; and Barbara V. Elliott, Individually, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, M.D. Georgia, Columbus Division.

November 10, 1992.

Attorney(s) appearing for the Case

C. Neal Pope and Paul V. Kilpatrick, Jr. of Pope, McGlamary, Kilpatrick & Morrison, Columbus, GA, for plaintiffs.

H. Randolph Aderhold, Jr., Asst. U.S. Atty., Macon, GA, for defendant.

OPINION

ELLIOTT, District Judge.

This action arises under the Federal Tort Claims Act and trial was had in June, 1992. The parties have filed their post-trial submissions and the Court, in compliance of the requirements of the Federal Rules of Civil Procedure, now files this opinion in which the Court's findings of fact and conclusions of law will be readily apparent.

The Plaintiffs have complied with all of the prerequisites for the institution...

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