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GARNER v. RATHBURN

No. 7964.

346 F.2d 55 (1965)

Ivey L. GARNER, Jr., Appellant, v. Ralph N. RATHBURN, Appellee.

United States Court of Appeals Tenth Circuit.

June 2, 1965.

Attorney(s) appearing for the Case

Dwight D. Murphey, Denver, Colo. (Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., on the brief), for appellant.

Morton Hollander, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., Alan S. Rosenthal and Walter H. Fleischer, Attys., Dept. of Justice, on the brief), for appellee.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

This is an action for damages due allegedly to defendant's negligence which injured plaintiff's ankle and leg. The defendant (who is appellee here), through the United States Attorney, moved to dismiss the action on the ground that the acts complained of were committed by the defendant in the performance of his duties as an officer and employee of the United States for which the defendant has absolute...

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