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UNITED STATES v. BERNHARDT

No. 16333.

244 F.2d 154 (1957)

UNITED STATES of America, Appellant, v. H. W. BERNHARDT, et al., and The City of Beaumont, Appellees.

United States Court of Appeals Fifth Circuit.

May 3, 1957.

Attorney(s) appearing for the Case

Joseph Langbart, Atty., Dept. of Justice, Washington, D. C., William M. Steger, U. S. Atty., John L. Burke, Jr., Asst. U. S. Atty., Tyler, Tex., Paul A. Sweeney, Chief Appellate Sec., Geo. S. Leonard, Atty., Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Washington, D. C., on the brief, for the United States.

John D. Rienstra, Woodson E. Dryden, George E. Murphy, William C. Ross, Jr., Beaumont, Tex., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and TUTTLE, Circuit Judges.

BORAH, Circuit Judge.

This appeal is from a judgment for the plaintiffs and the third-party defendant in an action brought against the United States under the Federal Tort Claims Act,1 for damages for personal injuries sustained by five year old Kenneth Bernhardt when he pulled a mailbox over on himself.

Evidence without conflict showed the following: In the year 1950, the post office officials of Beaumont, Texas, installed the...

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