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UNITED STATES v. FORFARI

No. 16032.

268 F.2d 29 (1959)

UNITED STATES of America, Appellant, v. Fernando S. FORFARI, Appellee.

United States Court of Appeals Ninth Circuit.

June 8, 1959.

Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., Morton Hollander, Bernard Cedarbaum, Attys., Dept. of Justice, Washington, D. C., Robert H. Schnacke, U. S. Atty., San Francisco, Cal., for appellant.

Thomas M. Mulvihill, Ernest E. Emmons, Jr., San Francisco, Cal., for appellee.

Before HAMLEY, HAMLIN and JERTBERG, Circuit Judges.

HAMLIN, Circuit Judge.

The United States here appeals from a judgment of the District Court awarding Fernando S. Forfari damages in the amount of $12,673.26. Forfari's action was based on provisions of the Federal Tort Claims Act (28 U.S.C. 1346(b)).1 Jurisdiction in this court rests on 28 U. S.C. § 1291.

The accident giving rise to the suit occurred on November 21, 1951, in the Commissioned Officers' Mess at Mare Island Naval...

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