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HODGE v. UNITED STATES

Civ. A. Nos. 2238, 2371.

310 F.Supp. 1090 (1969)

Ernest Sterling HODGE, a Minor, by and through his Father, Russell S. Hodge, as next friend, Plaintiff, v. UNITED STATES of America, Defendant. Russell S. HODGE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, M. D. Georgia, Macon Division.

February 26, 1969.

Attorney(s) appearing for the Case

Melton, McKenna & House, Macon, Ga., for plaintiff.

Anthony T. Giattina, Department of Justice, Washington, D. C., Floyd M. Buford, U. S. Atty., Macon, Ga., for defendant.

BOOTLE, Chief Judge:

These actions, numbers 2238 and 2371, were brought against the United States under the Federal Tort Claims Act, this court having jurisdiction by virtue of 28 U.S.C. section 1346(b). In accordance with 28 U.S.C. section 2402 the cases were heard by the court without a jury. This opinion is filed to comply with Fed.R.Civ.P. 52(a) and constitutes the court's findings of fact and conclusions of law.

On Monday, August 22, 1966, Ernest Sterling...

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