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CALLAS v. UNITED STATES

No. 163, Docket 24854.

253 F.2d 838 (1958)

Edward Peter CALLAS, an infant under the age of fourteen years, by Helen Callas, his Guardian ad Litem, and Edward George Callas, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 1, 1958.

Attorney(s) appearing for the Case

Herman E. Hoberman, Brooklyn, N. Y. (Bernard Meyerson, Brooklyn, N. Y., of counsel), for plaintiffs-appellants.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for defendant-appellee.

Before HINCKS and LUMBARD, Circuit Judges, and GALSTON, District Judge.

GALSTON, District Judge.

The question involved on this appeal relates to a construction of the Federal Tort Claims Act. 28 U.S.C.A. § 2671 et seq. The facts are not in dispute.

It appears from the complaint that the action is brought pursuant to the Federal Tort Claims Act. It alleges that on February 20, 1955, the infant Edward Peter Callas was lawfully playing on the beach at Kwajalein in the Marshall Islands, and he was injured by the explosion of...

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