THORNE v. UNITED STATES

No. 71-1457.

479 F.2d 804 (1973)

Herbert Marion THORNE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

May 31, 1973.


Attorney(s) appearing for the Case

R. Jay Engel (argued), San Francisco, Cal., for appellant.

Donald N. Stahl, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Richard V. Boulger, Asst. U. S. Atty., Fresno, Cal., William J. Connolly, of Connolly, Johnson & Hothem, San Francisco, Cal., for appellee.

Before MERRILL, WRIGHT and KILKENNY, Circuit Judges.


KILKENNY, Circuit Judge:

This is an appeal from the dismissal of an action by appellant prosecuted under the Federal Torts Claims Act, 28 U.S.C. § 1346(b) and § 2674 in connection with personal injuries sustained by him in an accident which occurred in California on the construction site of a government dam. At the conclusion of appellant's case, the appellee's motion to dismiss was granted. We reverse.

FACTS

The appellant was an employee...

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