Mrs. Cordie Ola Fair v. United States

CAMERON, Circuit Judge.

This appeal involves the question whether the Court below committed error in dismissing the complaint under Rule 12(b), Fed.Rules Civ.Proc. 28 U.S. C.A. for failure to state a claim upon which relief could be granted. Plaintiffs, appellants here, are the statutory beneficiaries under Texas Law of Jessie Clyde Fair, Robert P. Peterson and Verdie Carroll Cooper, and the defendant, appel-lee here, is the United States of America. Action was brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2674 and 2680(a). 1 The facts charged in the complaint are these:

On…