SMART v. UNITED STATES

No. 4691.

207 F.2d 841 (1953)

SMART v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

November 5, 1953.


Attorney(s) appearing for the Case

Paul Dudley, Oklahoma City, Okl. (J. B. Dudley, Oklahoma City, Okl., on the brief), for appellant.

Benjamin Forman, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Robert E. Shelton, U. S. Atty., B. Andrew Potter, Asst. U. S. Atty., Oklahoma City, Okl., Paul A. Sweeney, Attorney, Department of Justice, and T. S. L. Perlman, Attorney, Department of Justice, on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, United States Circuit Judges.


HUXMAN, Circuit Judge.

This was an action under the Federal Tort Claims Act1 for injuries sustained by appellant at the hands of one Ralph Edward Dungan, a mentally incompetent veteran, shortly after his release from a Veterans' Administration Hospital at Marion, Indiana, on a trial visit to his home. The appeal is from the judgment of the trial court entering a summary judgment of dismissal.

The complaint so far as material in...

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