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CARNES v. UNITED STATES

No. 4151.

186 F.2d 648 (1951)

CARNES v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

January 3, 1951.

Attorney(s) appearing for the Case

Rueckhaus & Watkins, Albuquerque, M., for appellant.

Everett M. Grantham, U. S. Atty., and Maurice Sanchez, Asst. U. S. Atty., Albuquerque, N. M., for appellee.

Before HUXMAN, MURRAH, and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

Appellant instituted this action against the United States under the Federal Tort Claims Act, as amended, 28 U.S.C.A. § 2401 (b), to recover damages for personal injuries suffered by him. The facts are not in dispute and may be summarized as follows:

On March 24, 1944, a B-24 airplane of the United States Army Air Forces crashed about seven miles north of Birmingham, Alabama. The crash occurred in an extremely rough terrain of wooded...

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