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IRISH v. UNITED STATES

No. 14124.

243 F.2d 874 (1957)

David IRISH, a Minor, by and Through His Guardian Ad Litem, Clifford L. Irish, and Clifford L. Irish, Appellants, v. UNITED STATES of America and Lyle James Smith, Appellees.

United States Court of Appeals Ninth Circuit.

April 30, 1957.

Attorney(s) appearing for the Case

J. Adrian Palmquist, Oakland, Cal., Francis T. Cornish, Berkeley, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., William H. Lally, Robert E. Woodward, Asst. U. S. Attys., Sacramento, Cal., for appellee.

Before DENMAN, Chief Judge, and POPE and CHAMBERS, Circuit Judges.

DENMAN, Chief Judge.

Irish appeals from a judgment in a federal tort claims act case holding the United States not liable for injury to him through the negligence of its driver Smith in operating a United States mail truck in Marysville, California in the vicinity where Irish, a child under four years of age, was playing. The district court dismissed the complaint as to Smith and Irish assigns no error in such dismissal in his statement of points on appeal.

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