Legal Opinion

Virginia Elaine Marcum v. United States

Court of Appeals for the Fifth Circuit

Decided July 9, 1980No. 78-2248PublishedCited by 18 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

In this wrongful death action Virginia Elaine Marcum sued the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., alleging that her deceased husband Ronney F. Marcum was killed in an accident caused by the negligence of Oscar Kwiterovich, an employee of the United States Department of Labor, acting within the scope of his employment. The parties consented to a trial before a United States magistrate on stipulated facts, depositions, exhibits, memoranda and proposed findings of fact and conclusions of law. After considering the evidence and…

2Cases cited28 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co.Supreme Court of Louisiana · 1962
  3. Jackson v. CookSupreme Court of Louisiana · 1938
  4. Allen Williams B/n/f Louise J. Smyre v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  5. Baumgartner v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 1978

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

3Cited by18 opinions

  1. Cyrus R. Ware v. United StatesCourt of Appeals for the Fifth Circuit · 1980
  2. Dura-Wood Treating Company, Division of Roy O. Martin Lumber Company, Inc., Cross-Appellant v. Century Forest Industries, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  3. Clyde SMITH, Plaintiff-Appellant, v. STATE OF GEORGIA and Department of Human Resources; Et Al., Defendants-AppelleesCourt of Appeals for the Eleventh Circuit · 1982
  4. Jules Wakefield v. United StatesCourt of Appeals for the Fifth Circuit · 1985
  5. Aetna Cas. and Sur. Co. v. NeroSupreme Court of Louisiana · 1983

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

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