DENNEY v. UNITED STATES

No. 4071.

185 F.2d 108 (1950)

DENNEY v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 22, 1950.


Attorney(s) appearing for the Case

Martin A. Threet and Joseph R. McNeany, Albuquerque, N. M., for appellant.

Albert H. Clancy, Asst. U. S. Atty., Santa Fe, N. M. (Everett M. Grantham, U. S. Atty., Albuquerque, N. M. was with him on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

Appellant, as administrator of the estate of William Myre Denney, brought this action under the Federal Tort Claims Act, 28 U.S.C.A. 931 (now Section 1346), seeking damages for the wrongful death of his decedent, who was killed by an unexploded artillery shell, left upon a target range of the United States in Dona Ana County, New Mexico. The basis of liability is an alleged public nuisance; and negligence in the operation of an ultrahazardous...

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