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FOSTER v. UNITED STATES

Civ. A. No. 3895.

183 F.Supp. 524 (1959)

Josephine FOSTER, Plaintiff, v. UNITED STATES of America, a sovereign power, First Doe, Second Doe, Third Doe and Fourth Doe, Defendants.

United States District Court D. New Mexico.

June 29, 1959.

Attorney(s) appearing for the Case

A. T. Montoya, Albuquerque, N. M., and Edwin L. Felter, Santa Fe, N. M., for plaintiff.

James A. Borland, U. S. Atty., Joseph C. Ryan, Asst. Dist. Atty., Albuquerque, N. M., for defendants.

HATCH, Chief Judge.

This is an action brought by Josephine Foster against the United States, seeking recovery for the death of her two children, Mary Julia Toribio, age seven, and Crisencio Toribio, age four. Recovery is sought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. It is alleged generally that plaintiff resides on the east side of a canal or irrigation ditch which runs through the small Indian Pueblo of Cochiti. This canal...

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