Legal Opinion

Gay Marcum v. United States

Court of Appeals for the Sixth Circuit

Decided November 26, 1963No. 15218_1PublishedCited by 7 opinions

1Opinion of the Court

KENT, District Judge.

This is an appeal from a judgment wherein the district court dismissed the plaintiffs’ action after a trial on the merits without a jury. The action is based on the Federal Tort Claims Act, Title 28 U.S.C. § 1346(a) (b), and Title 28 U.S.C. § 2674.

Basically, the appeal is a challenge to the findings of fact in the lower court. Rule 52(a) of the Federal Rules of Civil Procedure, (Title 28, U.S.C. Rule 52) provides:

“In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of…

2Cases cited13 opinions

  1. McAllister v. United StatesSupreme Court of the United States · 1954
  2. United States v. Oregon State Medical SocietySupreme Court of the United States · 1952
  3. Wood v. Southeastern Greyhound LinesCourt of Appeals of Kentucky (pre-1976) · 1946
  4. Sam Horne Motor and Implement Company v. GreggCourt of Appeals of Kentucky (pre-1976) · 1955
  5. Louisville Lozier Co. v. SalleeCourt of Appeals of Kentucky · 1915

8 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Clifford Coleman, Jr. v. United States of America and Angela PinionCourt of Appeals for the Sixth Circuit · 1996
  2. State Farm Mutual Automobile Insurance Co. v. MarcumCourt of Appeals of Kentucky (pre-1976) · 1967
  3. Robert D. Russell v. United StatesCourt of Appeals for the Sixth Circuit · 1972
  4. Coleman Ex Rel. Coleman v. BakerCourt of Appeals of Kentucky (pre-1976) · 1964
  5. Coleman Ex Rel. Coleman v. BakerCourt of Appeals of Kentucky (pre-1976) · 1964

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API