DONALD L. TYNDALL, LISA MICHELLE TYNDALL, A MINOR, ETC., KIMBERLY FAY TYNDALL, A MINOR, ETC., DONALD L. TYNDALL, ADMINISTRATOR, ETC., AND BRUCE EDWARD TYNDALL, A MINOR, ETC., APPELLANTS,
v.
UNITED STATES OF AMERICA, APPELLEE

4th Cir. | 1970-10-06
No. 14547
430 F.2d 1180 United States Court of Appeals for the Fourth Circuit (1970)

Opinion of the Court
PER CURIAM:

PER CURIAM:

Appellants filed this action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, claiming damages for wrongful death and injuries received when a drunk, off-duty Marine stole a truck from the Marine Corps Air Facility near Jacksonville, North Carolina and negligently crashed into plaintiffs’ automobile on a public highway. The District Court found the Marine to be solely negligent. See McAllister v. Driever, 318 F. 2d 513 (4th Cir. 1963).

After careful review of the record and the briefs and appendix, we conclude that the District Court’s finding is supported by the evidence.

Affirmed.


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