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UNITED STATES v. STATE OF ARIZONA

No. 13722.

214 F.2d 389 (1954)

UNITED STATES v. STATE OF ARIZONA et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 18, 1954.

Attorney(s) appearing for the Case

Asst. Atty. Gen., Warren E. Burger, Paul A. Sweeney, Morton Hollander, Attys., Dept. of Justice, Washington, D. C., Jack D. Hayes, U. S. Atty., Phoenix, Ariz., John F. O'Mara, Asst. U. S. Atty., Tucson, Ariz., for appellant.

Ross F. Jones, Atty. Gen., Irwin Cantor, Robert C. Stubbs, Asst. Attys. Gen., for appellees.

Before DENMAN, Chief Judge, and LEMMON and CHAMBERS, Circuit Judges.

CHAMBERS, Circuit Judge.

Roderick J. Krause, a boy scout from Bisbee, Arizona, was injured on April 2, 1949, on the Fort Huachuca Military Reservation in Southern Arizona while fooling with a live bazooka shell. Under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., an action was brought by the father, Joseph L. Krause, in his own right and as guardian ad litem for the infant.

Fort Huachuca has a long history as a United States military...

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