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EUTSLER v. UNITED STATES

No. 8854.

376 F.2d 634 (1967)

Barbara Ellen EUTSLER, individually and as Guardian ad litem of Brian Charles Eutsler, a minor, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 12, 1967.

Attorney(s) appearing for the Case

Richard L. Dewsnup, Salt Lake City, Utah (Paul N. Cotro-Manes, Salt Lake City, Utah, on the brief), for appellants.

Martin Jacobs, Washington, D. C. (J. William Doolittle, Acting Asst. Atty. Gen., William T. Thurman, U. S. Atty. and Alan S. Rosenthal, Atty. Dept. of Justice, on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

This suit was instituted by appellants under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), seeking damages for the death of Charles H. Eutsler in an explosion which occurred in October 1962 on the premises of Hercules Powder Company at Bacchus, Utah. At the time of his death, decedent was employed by Hercules and engaged in the performance of research and development work on a solid fuel rocket propellant pursuant to a contract...

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