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DAHLSTROM v. UNITED STATES

No. 15399.

228 F.2d 819 (1956)

Albin DAHLSTROM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

January 10, 1956.

Attorney(s) appearing for the Case

David W. Louisell, Minneapolis, Minn. (Russell Olson, Albert Lea, Minn., on the brief), for appellant.

Benjamin Forman, Attorney, Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., George E. MacKinnon, U. S. Atty., St. Paul, Minn., and Paul A. Sweeney, Attorney, Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.

WOODROUGH, Circuit Judge.

During the early afternoon of July 1, 1951, the plaintiff in this action and his helper by the name of Plagman were loading hay onto a hayrack in a hayfield situate inside the city limits of Alexandria, Minnesota about a mile north-east of the Alexandria airport. They had a team of horses hitched to the hayrack and three children on top of the load and suddenly an 8500 pound, twinengine Beechcraft airplane came flying over them barely clearing...

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