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FIRFER v. UNITED STATES

No. 11676.

208 F.2d 524 (1953)

FIRFER et ux. v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided December 10, 1953.

Attorney(s) appearing for the Case

Mr. Miller W. Marshall, Washington, D. C., for appellant.

Mr. Robert M. Scott, Asst. U. S. Atty., Washington, D. C., with whom Mr. Ross O'Donoghue, Asst. U. S. Atty., Washington, D. C., was on the brief, for appellee. Messrs. Charles M. Irelan, U. S. Atty., and William R. Glendon, Asst. U. S. Atty. at time brief was filed, Washington, D. C., were also on the brief for appellee. Mr. Leo A. Rover, U. S. Atty. at time of argument, Washington, D. C., entered his appearance for appellee. Mr. William J. Peck, Asst. U. S. Atty., Washington, D. C., also entered his appearance for appellee.

Before CLARK, PROCTOR and BAZELON, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal from a dismissal of the complaint in an action for damages for personal injury under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 and 2671 et seq. (Supp.1952). The facts, as they appear in appellants' opening statement and from certain photographs and plats submitted to the Court with appellee's consent, as a part thereof, may be summarized as follows:

The Jefferson Memorial in Washington, D. C., is maintained...

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