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POSEGATE v. UNITED STATES

No. 16973.

288 F.2d 11 (1961)

Donald M. POSEGATE, and Ida J. Posegate, Husband and Wife, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 27, 1961.

Attorney(s) appearing for the Case

Udall & Udall and Paul G. Rees, Jr., Tucson, Ariz., for appellants.

George Cochran Doub, Asst. Atty. Gen., Morton Hollander and Leavenworth Colby, Attys., Dept. of Justice, Washington, D. C., Jack D. H. Hays, U. S. Atty., Phoenix, Ariz., and Mary Anne Reimann, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before POPE, HAMLEY and HAMLIN, Circuit Judges.

HAMLIN, Circuit Judge.

Donald M. Posegate and Ida J. Posegate, his wife, brought an action in the United States District Court for the District of Arizona against the United States under the provisions of the Federal Tort Claims Act.1 The complaint alleged that on February 26, 1958, as a result of the negligence of the United States Donald M. Posegate was struck by a nine-ton gun or field piece, crushed and pinned to the ground beneath...

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