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BAKER v. UNITED STATES

No. 17652.

343 F.2d 222 (1965)

Mrs. Kenneth BAKER as Legal Guardian of Kenneth Baker, and Mrs. Kenneth Baker, individually, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 5, 1965.

Attorney(s) appearing for the Case

D. C. Nolan, Iowa City, Iowa, and E. A. Hicklin, Wapella, Iowa, made argument for appellants and filed brief with John T. Nolan and Elizabeth Nolan, Iowa City, Iowa.

Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., made argument for appellee and filed brief with John W. Douglas, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., and Donald A. Wine, U. S. Atty., Des Moines, Iowa.

Before MATTHES, BLACKMUN and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

Appellant, as legal guardian of Kenneth Baker, an incompetent, commenced this action under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), to recover damages totaling $100,000.00, because of injuries suffered by her ward when he attempted to commit suicide by jumping over a fence and into a window-well on the grounds of the Veterans Administration Hospital (V.A. Hospital), at Iowa City, Iowa. Appellant, by separate count, individually...

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