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LeSUER v. UNITED STATES

No. 78-2687.

617 F.2d 1197 (1980)

Richard Alan LeSUER, a minor, by his father and next friend, M. Hunter LeSuer, and M. Hunter LeSuer, Individually, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant and Third-Party Plaintiff-Appellee, v. AMERICAN SCRAP METAL CO. et al., Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

May 30, 1980.

Attorney(s) appearing for the Case

Marvin A. Urquhart Jr., Michel L. Stone, Panama City, Fla., for plaintiffs-appellants.

Nicholas P. Geeker, U. S. Atty., Clinton Ashmore, Asst. U. S. Atty., Tallahassee, Fla., Barbara A. Babcock, Asst. Atty. Gen., Leonard Schaitman, Linda J. S. Pack, Ronald R. Glancz, Attys. Dept. of Justice, App. Staff-Civil Div., Washington, D. C., for defendant and third-party plaintiff-appellee.

Before HATCHETT and TATE, Circuit Judges, and GROOMS, District Judge.

GROOMS, District Judge:

This is an appeal from a final judgment of the district court of the Northern District of Florida in favor of the defendant, United States of America, and against the plaintiffs, Richard Alan LeSuer, a minor, by his father and next friend, M. Hunter LeSuer, and M. Hunter LeSuer, individually. Judgment was entered after a non-jury trial of the action which arose under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq.

Richard...

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