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DUVALL v. UNITED STATES

Civ. A. No. 602.

312 F.Supp. 625 (1970)

Christopher Shawn DUVALL, an infant by his father and next friend, Robert Wayland Duvall, and Robert Wayland Duvall, Plaintiffs, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Radford TILLETT, Third-Party Defendant.

United States District Court, E. D. North Carolina, Elizabeth City Division.

February 9, 1970.

Attorney(s) appearing for the Case

John H. Hall, Jr., Hall & Hall, Elizabeth City, N. C., William E. O'Neill, Jr., Ashcraft & Gerel, Washington, D. C., for plaintiffs.

W. Arnold Smith, Asst. U. S. Atty., Raleigh, N. C., for defendant.

Gerald F. White, Aydlett & White, Elizabeth City, N. C., for third-party defendant.

OPINION AND ORDER

KELLAM, District Judge.

Pursuant to the provisions of the Federal Tort Claims Act, Title 28 § 1346(b), 2671, 2674, 2679, U.S.C.A., the infant plaintiff through his father and next friend instituted this action to recover from the United States damages for injuries sustained as the result of the explosion of a pyrotechnic Navy practice bomb. The parties stipulated that (a) the United States owns and exercises authority over the Naval...

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