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GALBRAITH v. UNITED STATES

Nos. 59-62, Dockets 26420-26423.

296 F.2d 631 (1961)

Bess GALBRAITH, as Executrix of the Estate of Benjamin A. Galbraith, Deceased, Plaintiff-Appellant, v. UNITED STATES of America and United States Department of Defense, Defendants-Appellees. John L. ASH, Plaintiff-Appellant, v. UNITED STATES of America and United States Department of Defense, Defendants-Appellees. Gertrude J. COLLIER, as Administratrix of the Goods, Chattels and Credits of Ralph Collier, Deceased, Plaintiff-Appellant, v. UNITED STATES of America and United States Department of Defense, Defendants-Appellees. James T. POWELL, Plaintiff-Appellant, v. UNITED STATES of America and United States Department of Defense, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 1, 1961.

Attorney(s) appearing for the Case

John F. Noonan, Rochester, N. Y. (on the brief), for plaintiff-appellant Bess Galbraith.

Karz, Michaels & Buetens, Rochester, N. Y. (on the brief), for plaintiffs-appellants John L. Ash and Gertrude J. Collier.

Oviatt, Gilman, O'Brien & Forman, Rochester, N. Y. (on the brief), for plaintiff-appellant James T. Powell.

Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., and John T. Curtin, U. S. Atty., W. D. N. Y., Buffalo, N. Y., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and MEDINA and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is an appeal from a judgment for the defendant entered by the United States District Court for the Western District of New York. Four cases were consolidated and tried before Judge Harold P. Burke without a jury. Each involves death or injuries sustained in three separate explosions at the plant of Spencer Explosives, Inc., an independent contractor, performing work under a contract with the Government for the manufacture of explosive...

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