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NICHOLSON v. UNITED STATES

No. 12521.

177 F.2d 768 (1949)

NICHOLSON v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

November 10, 1949.

Attorney(s) appearing for the Case

Dawson Kea, Dublin, Ga., for appellant.

Green B. Everitt, Asst. U. S. Atty., Savannah, Ga., for appellee.

Before HUTCHESON, McCORD, and SIBLEY, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit, brought March 6, 1947, under the Federal Tort Claims Act1 was for damages from the loss by fire of plaintiff's barn in February, 1945.

The claim was that the fire was due to, and caused by, the negligence of prisoners of war of the United States and their guard while they were working for plaintiff on his premises pursuant to a written contract with the United States for their labor.

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