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SMITH v. UNITED STATES

Civ. A. No. C 74-193 Y.

392 F.Supp. 654 (1975)

Connie SMITH, as mother and next friend of Scott Smith, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Ohio, E. D.

April 14, 1975.

Attorney(s) appearing for the Case

John G. Lancione, Cleveland, Ohio, for plaintiff.

James C. Diggs, Asst. U. S. Atty., Cleveland, Ohio, Walter A. Oleniewski, Dept. of Justice, Trial Atty., Washington, D. C., for defendant.

ORDER

CONTIE, District Judge.

Defendant has moved the Court for summary judgment. Upon consideration and for the reasons stated below, the motion shall be granted.

This is a tort action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). It is prosecuted by Connie Smith, as Mother and next friend of Scott Smith. As the conduct resulting in this action occurred in the State of Texas, the law of that state is controlling...

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