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ADAMS v. UNITED STATES

No. 26890.

411 F.2d 603 (1969)

John ADAMS et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

May 22, 1969.

Attorney(s) appearing for the Case

James E. Hertz, Pensacola, Fla., W. Paul Thompson, DeFuniak Springs, Fla., for appellants.

Clinton Ashmore, U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.

PER CURIAM:

The lower court, after full trial on the issues of liability, made findings of fact and conclusions of law to the effect that liability of the United States under the Federal Tort Claims Act1 was not proven. We affirm.

In May, June and July of 1964 the United States Air Force at Eglin A. F. Base tested an aerial spraying apparatus designed for use in defoliation operations in Viet Nam. The tests were conducted at and...

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