U.S. Court of Appeals for the Fourth Circuit, 1970

Tyndall v. United States

U.S. Court of Appeals for the Fourth Circuit · Decided October 6, 1970

430 F.2d 1180 (Federal Reporter, Second Series)

Counsel

Henry L. Stevens, III, Warsaw, N. C., John Richard Newton, Southport, N. C., and George Rountree, Jr., Wilmington, N. C., on the brief, for appellants., Warren H. Coolidge, U. S. Atty., and John R. Whitty, Asst. U. S. Atty., on the brief, for appellee.

Cases that cite this one

1 later published case cites this decision.

Bettis v. United States (5th Cir. 1981)

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Opinion of the Court

PER CURIAM:

Appellants filed this action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, claiming damages for wrongful death and injuries received when a drunk, off-duty Marine stole a truck from the Marine Corps Air Facility near Jacksonville, North Carolina and negligently crashed into plaintiffs’ automobile on a public highway. The District Court found the Marine to be solely negligent. See McAllister v. Driever, 318 F.2d 513 (4th Cir. 1963).

After careful review of the record and the briefs and appendix, we conclude that the District Court’s finding is supported by the evidence.

Affirmed.

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