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BENJAMIN v. U.S.

No. Civ.A. 99-K-62.

85 F.Supp.2d 1034 (2000)

Stewart L. BENJAMIN and Kathryn E. Benjamin, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

February 22, 2000.

Attorney(s) appearing for the Case

Dale S. Carpenter III, Dale S. Carpenter III, P.C., Lakewood, CO, for Plaintiffs.

Kurt J. Bohn, U.S. Attorney's Office, Civil Div., Denver, CO, for U.S.

William J. Kowalski, Colleen Ann O'Laughlin, Caplan & Earnest, L.L.C., Boulder, CO, for Jefferson County School Dist. R-1 Bd. of Educ.

ORDER ON MOTION TO DISMISS

KANE, Senior District Judge.

Husband and wife Stewart and Kathryn Benjamin filed this action against the United States Government under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, seeking damages arising from injuries Mr. Benjamin suffered in an October 1997 automobile accident involving a Federal Protective Service emergency vehicle. The government moves pursuant to Fed.R.Civ.P. 12(b)(1) for the dismissal...

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