SMITH v. UNITED STATES

No. 19258.

337 F.2d 237 (1964)

Thessolonia SMITH, by Julia Brown, his mother and next friend, and Julia Brown, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 11, 1964.


Attorney(s) appearing for the Case

Robert A. Parrish, Parrish, Walter & Ingraham, Fairbanks, Alaska, for appellants.

Warren C. Colver, U. S. Atty., H. Russel Holland, Asst. U. S. Atty., Anchorage, Alaska, for appellee.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.


CHAMBERS, Circuit Judge.

Thessolonia Smith, called Junior, lives in Fairbanks, Alaska. In 1962 when he was thirteen years old he was a member of the Woolworth store's Pony League baseball team that went out to Eielson Air Force Base, near Fairbanks, to play a game with another team in the league with its home at the base. The Army Air Force was in control of the area of two baseball playing fields here involved.

Apparently the Woolworth team was having a practice...

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