UNITED STATES v. COFFEY

No. 14836.

233 F.2d 41 (1956)

UNITED STATES of America, Appellant, v. Elmer G. COFFEY and Mrs. Elmer G. Coffey, husband and wife, Appellees.

United States Court of Appeals Ninth Circuit.

March 29, 1956.


Attorney(s) appearing for the Case

Warren E. Burger, Asst. Atty. Gen., Paul A. Sweeney, Lester S. Jayson, B. Jenkins Middleton, Attys., Dept. of Justice, Washington, D. C., William B. Bantz, U. S. Atty., William M. Tugman, Asst. U. S. Atty., Spokane, Wash., for appellant.

Powell & Loney, Kennewick, Wash., for appellees.

Before STEPHENS, POPE and FEE, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

This was an action under the Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., in the Eastern District of Washington for personal injuries sustained by Elmer G. Coffey by the explosion of a 13 pound Mark A & N aerial practice bomb into which he was attempting to drive a bolt by means of blows of a hammer.

Coffey was a farmer who had a hobby of casting bullets. He maintained a "collection" of live ammunition,...

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