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UNITED STATES v. KELLY

No. 15492.

236 F.2d 233 (1956)

UNITED STATES of America, Appellant, v. William H. KELLY, Appellee.

United States Court of Appeals Eighth Circuit.

August 20, 1956.

Attorney(s) appearing for the Case

Richard M. Markus, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Clinton G. Richards, U. S. Atty. Sioux Falls, S. D., and Samuel D. Slade, Atty. Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Norman K. Blatchford, Hot Springs, S. D., for appellee.

Before SANBORN, WOODROUGH and VOGEL, Circuit Judges.

WOODROUGH, Circuit Judge.

William H. Kelly brought this action against the United States for damages under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), alleging that government employees at the Veterans Administration Hospital at Hot Springs, South Dakota, acting within the scope of their employment, negligently placed poisonous substances in the "edible garbage" sold by the government to Mr. Kelly for use as...

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