LOWE v. UNITED STATES

PER CURIAM.

This action by the next of kin of James Flood seeks recovery for his death against the United States of America. The court below granted appellee's motion for summary judgment and entered judgment dismissing the action with prejudice. We think that the court correctly granted the motion for summary judgment, and that its opinion correctly sets forth the facts and the law applicable thereto and decides correctly the questions raised. And cf. Posegate v. United States, 9 Cir., 1961, 288 F.2d 11.

On the basis of the lower court's opinion, the judgment appealed from is

Affirmed.