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UNITED STATES v. TRUBOW

No. 13654.

214 F.2d 192 (1954)

UNITED STATES v. TRUBOW.

United States Court of Appeals Ninth Circuit.

June 21, 1954.

Attorney(s) appearing for the Case

Holmes Baldridge, Asst. Atty. Gen., Paul A. Sweeney, Massillon M. Heuser, Morton Hollander, Attorneys, Department of Justice, Washington, D. C., Lloyd H. Burke, U. S. Atty., Frederick J. Woelflen, Asst. U. S. Atty., San Francisco, Cal., for appellant.

Ben K. Lerer, Charles O. Morgan, Jr., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and LEMMON and CHAMBERS, Circuit Judges.

LEMMON, Circuit Judge.

This appeal is from a judgment against the United States in an action for damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq.

Appellant owned and operated the Marine Hospital in San Francisco. Appellee with his helper went to the hospital for the purpose of picking up surplus refrigerators which had been purchased from appellant and which were held in the basement for the purchaser to take delivery there...

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