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355 F.2d 494

Docket No. 22178.

United States v. Smith

Fifth Circuit Court of Appeals

Decided Jan. 26, 1966.

Fifth Circuit Court of Appeals · decided 1966-01-26

Cited by 1 later decisions — most recently January 1966

1 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-01-26

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¶1W. Reeves Lewis, Asst. U. S. Atty., Savannah, Ga., for appellant.

¶2Charles M. Jones, Hinesville, Ga., for appellee.

¶3Before BROWN, WISDOM and THORNBERRY, Circuit Judges.

¶4PER CURIAM:

¶5The Government appeals from a judgment holding it liable under an FTCA suit, 28 U.S.C.A. § 1346(b), for injuries sustained by Appellee when a military jeep collided with her automobile on a Georgia highway. After a trial the District Court rendered judgment for Ap-pellee on the ground that the negligence of the jeep operator in crossing over the center line into Appellee’s lane was the proximate cause of the collision. The Court further held that no acts of the Ap-pellee proximately caused the collision.

¶6 The District Court’s findings come here with the insulation of Rule 52(a) which prevents us from granting Appellant another trial of the facts- — ■ either here or again in the Trial Court on mere differences of fact conclusions. *495The District Judge, having heard the evidence and determined its credibility, resolved the conflicts and drew reasonable inferences from the testimony. The Government fails to demonstrate that on this record these factual determinations were clearly erroneous or that the Judge misapplied the applicable Georgia law.

¶7Affirmed.

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