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TRAYLOR v. UNITED STATES

No. 19399.

418 F.2d 262 (1969)

Ainsley TRAYLOR, an Infant by Next Friend, Joyce Day, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

November 28, 1969.

Attorney(s) appearing for the Case

John A. McCrea, Louisville, Ky., for appellant; Edward G. Gildersleeve, Jr., Louisville, Ky., on brief.

Kenneth J. Tuggle, Asst. U. S. Atty., Louisville, Ky., for appellee; Ernest W. Rivers, U. S. Atty., Philip Huddleston, Asst. U. S. Atty., Louisville, Ky., on brief.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

This is the second appeal of this action for personal injuries brought in the United States District Court for the Western District of Kentucky pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b).

The United States has admitted liability for the injuries of Appellant — a seven year old girl — who was struck by a misdirected dummy round fired from a 3.5 inch rocket launcher at a military demonstration to which the public...

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