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PORTER v. UNITED STATES

Nos. 7013, 7014.

228 F.2d 389 (1955)

John A. PORTER, a minor, by his Guardian ad Litem, Mrs. Alvarene Jones, Appellant, v. UNITED STATES of America, Appellee. Cecil W. PORTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 21, 1955.

Attorney(s) appearing for the Case

John Grimball and C. T. Graydon, Columbia, S. C., for appellants.

Lester S. Jayson, Atty., Department of Justice (Warren E. Burger, Asst. Atty. Gen., N. Welch Morrisette, Jr., U. S. Atty., Irvine F. Belser, Jr., Asst. U. S. Atty., Columbia, S. C., and Paul A. Sweeney, Atty., Department of Justice, Washington, D. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

These suits were brought under the Federal Tort Claims Act against the United States, one by John A. Porter, a twelve year old boy, through his guardian ad litem, and one by the boy's father, to recover damages for injuries sustained by the boy in June, 1954 when a hand grenade fuse or detonator of army origin, which he had found near his home, exploded in his hand. The question for decision is whether the government was negligent in its care and custody...

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