Fielder

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The motion of defendant, United States of America, to dismiss said defendant from the plaintiff’s First Amended Complaint, having come on regularly for hearing before the Honorable A. Andrew Hauk, United States District Judge, on the 1st day of November, 1976, plaintiff having appeared through, her attorneys, Richard A. Daily and Arthur J. Aune, and defendant, United States of America, having appeared through its attorneys, William D. Keller, United States Attorney, Frederick M. Brosio, Jr., Assistant United States Attorney, Chief, Civil Division, and Michael E. Wolf- son, Assistant United States Attorney, by Michael E. Wolfson, the Court, having considered the pleadings herein, memoranda submitted, and the oral argument of counsel; now makes the following Findings of Fact and Conclusions of Law:

I

FINDINGS OF FACT

1. Plaintiff filed suit on December 18, 1975, naming the United States of America and two insurance companies as defendants.

2. In her Complaint, plaintiff alleges that she was the wife of one Donald G. Fielder and that her husband was killed on March 22, 1975, as the result of an accident involving a device commonly known as…