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UNITED STATES v. FOTOPULOS

No. 12066.

180 F.2d 631 (1950)

UNITED STATES v. FOTOPULOS et al.

United States Court of Appeals Ninth Circuit.

March 7, 1950.

Attorney(s) appearing for the Case

Frank J. Hennessy, U. S. Atty., Rudolph Scholz, Asst. U. S. Atty., San Francisco, Cal., for appellant.

Carroll S. Bucher, San Francisco, Cal., for appellee.

Before DENMAN, Chief Circuit Judge, ORR, Circuit Judge, and YANKWICH, District Judge.

YANKWICH, District Judge.

On December 23, 1946, Peter Fotopulos, — to be referred to as the deceased, — was 49 years old. He was the husband of Diamond Fotopulos, and the father of Thomas F. Fotopulos, aged 10 years, and Joan Fotopulos, aged 9 years, who appear here and in the court below through their guardian ad litem, Diamond Fotopulos.

On that day, the deceased was driving a light Dodge truck north on Van Ness Avenue,

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