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CERRI v. UNITED STATES

No. 27451.

80 F.Supp. 831 (1948)

CERRI et al. v. UNITED STATES.

United States District Court N. D. California, S. D.

September 17, 1948.

Attorney(s) appearing for the Case

Elden C. Friel, of San Francisco, Cal., and Carlson, Collins & Gordon, of Richmond, Cal., for plaintiffs.

Frank J. Hennessy, U. S. Atty., and Daniel C. Deasy, Jr., Asst. U. S. Atty., both of San Francisco, Cal., for defendant.

ROCHE, Chief Judge.

Plaintiffs, husband and wife, bring this action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 921-946,1 to recover for injuries suffered by the wife, an innocent bystander, when she was wounded as the result of a shot fired by a soldier on guard duty, while he was attempting to halt a civilian under arrest.

The record discloses the following facts:

Pfc. Robert E. Alexander of the United...

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