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White v. United States

United States Court of Appeals, Fourth Circuit
Apr 13, 1966
359 F.2d 989 (4th Cir. 1966)

Opinion

No. 10310.

Argued April 6, 1966.

Decided April 13, 1966.

George H. Gray, Norfolk, Va. (Outland Gray, Norfolk, Va., on brief), for appellant.

James A. Oast, Jr., Asst. U.S. Atty. (C.V. Spratley, Jr., U.S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.


This case was here once before after the entry of summary judgment for the defendant. White v. United States, 4 Cir., 317 F.2d 13. We vacated the summary judgment and remanded the case for trial on the issue of negligence. Thereafter, a full plenary hearing was had and evidence, including the testimony of expert witnesses, was introduced by both parties. Thereafter, the District Court made findings of fact and conclusions of law, and, upon their basis, it again entered judgment for the defendant.

We accept the District Court's findings of fact as not being clearly erroneous, and, on the basis those findings provide, its ultimate conclusion that there was no negligence in the care and treatment of Meeks.

While the issue would be highly debatable if before us de novo, we find no reversible error in the record.

Affirmed.


Summaries of

White v. United States

United States Court of Appeals, Fourth Circuit
Apr 13, 1966
359 F.2d 989 (4th Cir. 1966)
Case details for

White v. United States

Case Details

Full title:Luther W. WHITE, III, Administrator c.t.a. of the Estate of Donald E…

Court:United States Court of Appeals, Fourth Circuit

Date published: Apr 13, 1966

Citations

359 F.2d 989 (4th Cir. 1966)

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