FOSTER v. UNITED STATES

No. 48546.

98 F.Supp. 349 (1951)

FOSTER v. UNITED STATES.

United States Court of Claims.

Decided July 9, 1951.


Attorney(s) appearing for the Case

Nathan L. Silberberg, Washington, D. C., for plaintiff.

Gordon F. Harrison, Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.


MADDEN, Judge.

In August 1944, the plaintiff, then a major, was the intelligence officer of the 330th Regiment of the 83d Infantry Division. This division was in combat in the area of St. Malo, France. The German troops had been compressed into a small area in that city, and prisoners were being taken. Civilian refugees were passing through the Allied lines toward the rear of the combat area.

The plaintiff discovered an overnight bag lying some thirty feet...

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