KIRK v. UNITED STATES

No. 14766.

232 F.2d 763 (1956)

Martha M. KIRK, an adult, and Kenneth William Kirk, a minor, who sues by his Guardian ad Litem, Martha M. Kirk, Appellants, v. The UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 24, 1956.


Attorney(s) appearing for the Case

Richards, Haga & Eberle, Boise, Idaho, for appellants.

Sherman F. Furey, Jr., U. S. Atty., John T. Hawley, Asst. U. S. Atty., Boise, Idaho, for appellee.

Before DENMAN, BONE and POPE, Circuit Judges.


POPE, Circuit Judge.

This is an appeal from a summary judgment for the defendant in an action brought under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b) and 2674 to 2680. The plaintiffs, appellants here, are the widow and minor child of William M. Kirk, who lost his life when he fell from a scaffold upon which he was working as a carpenter during the construction of Lucky Peak Dam on the Boise River in Idaho. The action was predicated...

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