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VILLARREAL v. UNITED STATES

No. 17041.

254 F.2d 595 (1958)

Guadalupe VILLARREAL, Jr., by and through his father and next friend Guadalupe Villarreal, Sr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 28, 1958.

Attorney(s) appearing for the Case

Alonso S. Perales, Ronald Smallwood, San Antonio, Tex., for appellant.

John R. Locke, Jr., Asst. U. S. Atty., Russell B. Wine, U. S. Atty., San Antonio, Tex., for appellee.

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

PER CURIAM.

This is an appeal from a judgment of the United States District Court for the Western District of Texas, entered after a full trial on the facts, denying recovery in an action brought against the United States under the Federal Tort Claims Act, 28 U.S.C. Sec. 1346(b), 2671 et seq.

Filed on behalf of a nine year old boy by his father, the suit was for injuries sustained from the explosion of a dud shell which the injured boy had picked up in his...

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