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O'BRIEN v. UNITED STATES

No. 14359.

192 F.2d 948 (1951)

O'BRIEN v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

December 27, 1951.

Attorney(s) appearing for the Case

Richard J. Leonard, St. Paul, Minn. (D. B. Rumble, St. Paul, Minn., on the brief; Doherty, Rumble, Butler & Mitchell, St. Paul, Minn., of counsel), for appellant.

Miles W. Lord, Asst. U. S. Atty., St. Paul, Minn. (C. U. Landrum, U. S. Atty. and William P. Murphy, Asst. U. S. Atty., St. Paul, Minn., on the brief), for appellee.

Before GARDNER, Chief Judge, and THOMAS and COLLET, Circuit Judges.

COLLET, Circuit Judge.

Plaintiff (Appellant), as special administrator of the estate of his minor son, Mark James O'Brien, brought this action under the Tort Claims Act, 28 U.S.C.A. § 2671, et seq., against the United States to recover damages for the death of his son caused by the alleged negligence of a United States Navy pilot. A jury was waived and the cause was tried by the court. The trial court found that the deceased was at the time of his fatal injury...

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