GIBSON, District Judge.
Defendant filed a motion for summary judgment pursuant to Rule 56(b) of Federal Rules of Civil Procedure, 28 U.S. C.A.
Plaintiff's action was brought under the Federal Tort Claims Act, 28 U.S. C.A. § 1346. The complaint alleged that the infant plaintiff, while lawfully upon the premises of a private landowner in Isle LaMotte, Vermont, was injured by the explosion of an undischarged smoke bomb which he found lying upon these premises...
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