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ALANIZ v. UNITED STATES

No. 5778.

257 F.2d 108 (1958)

Henry ALANIZ, Administrator of the Estate of Elias Alaniz, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 28, 1958.

Attorney(s) appearing for the Case

Timothy P. Woolston, Albuquerque, N. M., for appellant.

J. C. Ryan, Asst. U. S. Atty., Albuquerque, N. M. (James A. Borland, U. S. Atty., Albuquerque, N. M., was with him on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

BRATTON, Chief Judge.

The administrator of the estate of Elias Alaniz, deceased, instituted this action to recover damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq., for the wrongful death of the deceased. The cause of action pleaded in the complaint was that some rifles had been stolen from a national guard armory and cached in a cotton field in New Mexico; that a special agent of the Federal Bureau of Investigation was in charge...

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