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JOHNSON v. UNITED STATES

No. 16350.

270 F.2d 488 (1959)

Merle H. JOHNSON, Administrator of the Estate of Stanley Matt Johnson, Appellant, v. UNITED STATES of America, Appellee. Merle H. JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

As Amended on Denial of Rehearing September 29, 1959.

Attorney(s) appearing for the Case

Longan & Jones, Franklin S. Longan, Billings, Mont., F. F. Haynes, Forsyth, Mont., Harry John Mehr, Glendive, Mont., for appellants.

Krest Cyr, U. S. Atty., Butte, Mont., Waldo N. Spangelo, Asst. U. S. Atty., Billings, Mont., Michael J. O'Connell, Asst. U. S. Atty., Butte, Mont., Jack H. Bookey, Asst. U. S. Atty., Butte, Mont., John F. Blackwood, Asst. U. S. Atty., Billings, Mont., for appellee.

Before POPE, STEPHENS and HAMLIN, Circuit Judges.

HAMLIN, Circuit Judge.

On July 4, 1955, Stanley Matt Johnson, a minor of the age of four-and-a-half years, received severe burns from electrical energy transmitted through a substation operated by the Bureau of Reclamation, United States Department of the Interior, at Forsyth, Montana. Stanley lived approximately four hours before dying as a result of these severe injuries. Thereafter, two actions were brought under the Federal Tort Claims Act for the recovery of...

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