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SMITH v. UNITED STATES

6-70-Civ-355.

334 F.Supp. 185 (1971)

Irene SMITH, as trustee for the heirs of Patrick B. Smith, decedent, as administratrix of the estate of Patrick B. Smith, decedent, as widow and mother of the minor children of Patrick B. Smith, decedent, and individually, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Sixth Division.

December 7, 1971.

Attorney(s) appearing for the Case

Powell & Dessert, Phillip D. Nelson, Bemidji, Minn., for plaintiff.

Robert J. Renner, U. S. Atty., and Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., for defendant.

MEMORANDUM & ORDER

DEVITT, Chief Judge.

This is an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671-2680, with recovery sought under the Minnesota Wrongful Death Statute, M.S.A. § 573.02. Trial was held to the court on October 28, 1971.

FINDINGS OF FACT

The testimony indicated that Earl Jones, an employee of the Forestry Department of the United States Bureau of Indian Affairs, on July 24...

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