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GARZA v. UNITED STATES

No. 85-1698.

809 F.2d 1170 (1987)

Albert GARZA and Felicita Garza, Individually and as Next Friend of their Child, Robert Garza, a Minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 30, 1987.

Attorney(s) appearing for the Case

Jeffrey A. Clair, U.S. Dept. of Justice, Washington, D.C., Marvin Collins, U.S. Atty., Stafford Hutchinson, Asst. U.S. Atty., Dallas, Tex., Robert S. Greenspan, Atty., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Floyd D. Holder, Jr., Lubbock, Tex., for plaintiffs-appellees.

Before REAVLEY and POLITZ, Circuit Judges, and BELEW, District Judge.

POLITZ, Circuit Judge:

In this Federal Tort Claims Act litigation, 28 U.S.C. §§ 2671-80, we must determine whether the United States is liable for negligence in its handling of an explosive used in a training exercise which was stolen by a serviceman, removed from a military base, given to a civilian, left in an apartment when it was vacated, found by a 13-year-old boy who was helping his mother clean the apartment, and detonated by him causing his injury...

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