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IRISH v. UNITED STATES

No. 14124.

225 F.2d 3 (1955)

David IRISH, a minor, by and through his Guardian Ad Litem, Clifford L. Irish, and Clifford L. Irish, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 1, 1955.

Attorney(s) appearing for the Case

J. Adrian Palmquist, Robert H. Kroniger, Oakland, Cal., Francis T. Cornish, Berkeley, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., William H. Lally, Robert E. Woodward, Sacramento, Cal., for appellee.

Before HEALY and CHAMBERS, Circuit Judges, and WIIG, District Judge.

WIIG, District Judge.

The question presented on this appeal is whether the trial court erred in entering judgment for the defendant in an action for damages against the United States of America under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671-2680.

We are of the view that the case should be remanded to the district court for the purpose of enlarging and clarifying the findings of fact in the light of the California law of negligence...

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