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MERRITT v. UNITED STATES

No. 6301.

332 F.2d 397 (1964)

Robert I. MERRITT et al., Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

June 1, 1964.

Attorney(s) appearing for the Case

Andrew L. Benson, Winthrop, Mass., for appellants.

Morton Hollander, Atty., Dept. of Justice, with whom John W. Douglas, Asst. Atty. Gen., W. Arthur Garrity, Jr., U. S. Atty., and Harvey L. Zuckman, Atty., Dept. of Justice, were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an action under the Federal Tort Claims Act.1 The plaintiffs, hereinafter referred to in the singular, leased a dwelling in Winthrop, Massachusetts to the government for use as off-post family housing for military personnel and their dependents. A sergeant, quartered therein, after finishing his duties for the day, negligently set fire to the house by smoking in bed. Title 28 U.S.C. § 1346 (b) provides...

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