Legal Opinion
Augusta Broadcasting Co. v. United States
Court of Appeals for the Fifth Circuit
Decided October 30, 1948No. 12412PublishedCited by 21 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
The suit was for damages under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq. The claim was that plaintiff’s radio tower was damaged as a result of being negligently struck by a navy aircraft in charge of a navy pilot. The defendant did not answer but instead filed a motion to dismiss 2 on two. grounds: (1) that plaintiff had assigned its claim to the National Fire Insurance Company, and the act does not authorize maintenance of suits upon derivative claims; and (2) that the action is not prosecuted in the name of the real party in interest.
On the argument of…
2Cases cited9 opinions
- Luckenbach v. W. J. McCahan Sugar Refining Co.Supreme Court of the United States · 1918
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Guth v. Texas Co.Court of Appeals for the Seventh Circuit · 1946
- McCann v. Dixie Lake & Realty Co.Court of Appeals of Georgia · 1932
- Porter v. KaravasCourt of Appeals for the Tenth Circuit · 1946
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Executive Jet Aviation, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 1974
- United Services Automobile Association v. James B. RussomCourt of Appeals for the Fifth Circuit · 1957
- Celanese Corp. Of America v. John Clark Industries, Inc.Court of Appeals for the Fifth Circuit · 1954
- Tyler v. Dowell, Inc.Court of Appeals for the Tenth Circuit · 1960
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
16 more not listed; retrieve them via the Exa API.