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PARROTT v. UNITED STATES

Civ. No. 902-57.

181 F.Supp. 425 (1960)

Alvy PARROTT, a minor, by Joe Parrott, his guardian ad litem; Joe Parrott; Walter Dwight Anthony, a minor, by Jimmie Faye Anthony, his guardian ad litem; Carlos Pat Anthony, a minor, by Jimmie Faye Anthony, his guardian ad litem; and Jimmie Faye Anthony, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. California, Central Division.

February 26, 1960.

Attorney(s) appearing for the Case

King & Mussell, by Arthur Olson, San Bernardino, Cal., for plaintiffs.

Laughlin E. Waters, U. S. Atty. for Southern District of California, by Richard A. Lavine, Asst. U. S. Atty., Chief, Civil Division, and Clarke A. Knicely, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

TOLIN, District Judge.

This action to recover damages under the Tort Claims Act1 produced evidence of near-gross negligence on the part of Government personnel. Unless the application of some special defensive rule arises to defeat recovery, the plaintiffs should prevail. It is urged by the Government that two such rules completely negative the plaintiffs' case. The first of these is that "* * * [A] vendor of land is not subject to liability...

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