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WILLIAMS v. UNITED STATES

No. 21825.

352 F.2d 477 (1965)

Allen WILLIAMS b/n/f Louise J. Smyre, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 5, 1965.

Attorney(s) appearing for the Case

Vincent P. McCauley, Columbus, Ga., for appellant.

Sampson M. Culpepper, Asst. U. S. Atty., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Allen Williams, a thirteen year old boy, thinking that he was lighting an ordinary firecracker, lit a United States Army "M-80 Firecracker". The M-80 Firecracker is an explosive device the Army uses in field exercises. Williams severely injured both hands. In this action he seeks damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. The district court, sitting without a jury, denied recovery. We reverse and remand...

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