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UNITED STATES v. KESINGER

No. 4229.

190 F.2d 529 (1951)

UNITED STATES v. KESINGER et al.

United States Court of Appeals Tenth Circuit.

June 22, 1951.

Attorney(s) appearing for the Case

Morton Hollander, Atty., Dept. of Justice (Holmes Baldridge, Asst. Atty. Gen., Lester Luther, U. S. Atty., Malcolm Miller, Asst. U. S. Atty., Topeka, Kan., Paul A. Sweeney, Atty., Dept. of Justice, and Marvin E. Frankel, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

David Prager, Nashville, Tenn., and Jacob A. Dickinson, Topeka, Kan. (Edward Rooney, Jacob A. Dickinson, Topeka, Kan., and David Prager, Nashville, Tenn., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

The appellees brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover damages for the destruction of their barn and milk house, caused by the crash of an Army Air Force B-17, which occurred on appellees' farm located south of Topeka, Kansas, shortly after the airplane took off from the Topeka Air Base. The crash occurred on August 12, 1948, at 4:10 a. m. The B-17...

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