Legal Opinion

Lizzie Ethel Kielwien v. United States

Court of Appeals for the Fourth Circuit

Decided April 22, 1976No. 74-1696PublishedCited by 103 opinions

1Opinion of the Court

DONALD RUSSELL, Circuit Judge.

The issue in this appeal is whether the District Court, having found that the United States was liable under the Federal Tort Claims Act, 1 was clearly erroneous in finding that there was an “intervening fact” permitting recovery by the plaintiff in excess of the amount fixed by her in her administrative claim as filed with the Government under the requirements of 28 U.S.C. § 2675(a) and (b). We conclude that such finding was clearly erroneous and accordingly remand the cause to the District Court with direction that the judgment awarded be corrected by limiting…

2Cases cited17 opinions

  1. John J. Joyce v. United StatesCourt of Appeals for the Third Circuit · 1973
  2. Driggers v. United StatesDistrict Court, D. South Carolina · 1970
  3. Robinson v. United States NavyDistrict Court, E.D. Pennsylvania · 1972
  4. United States v. Grover AlexanderCourt of Appeals for the Fifth Circuit · 1956
  5. Antoine Hubert Provancial v. United StatesCourt of Appeals for the Eighth Circuit · 1972

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

3Cited by103 opinions

  1. Donna Reilly, Etc. v. United StatesCourt of Appeals for the First Circuit · 1988
  2. Anna Mae R. Henderson v. United States of America, Anne Marie Henderson, by Her Guardian Ad Litem, Anna Marie R. Henderson v. United StatesCourt of Appeals for the Fourth Circuit · 1986
  3. Richard Allgeier, Maria D. Boldrick, Intervening v. United StatesCourt of Appeals for the Sixth Circuit · 1990
  4. Terbush v. United StatesCourt of Appeals for the Ninth Circuit · 2008
  5. Bartley H. O'TOOle Lilly E. O'TOOle v. United StatesCourt of Appeals for the Ninth Circuit · 2002

98 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