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HOPPER v. UNITED STATES

Civ. A. No. 9084.

244 F.Supp. 314 (1965)

Zachey N. HOPPER, Betty Jo Hopper and Jana Hopper, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Colorado.

July 30, 1965.

Attorney(s) appearing for the Case

Fugate & Mitchem, Denver, Colo., for plaintiff.

Lawrence M. Henry, U. S. Atty., Robert E. Long, Asst. U. S. Atty., Denver, Colo., for defendant.

WILLIAM E. DOYLE, District Judge.

In this action, which has been brought pursuant to the Federal Tort Claims Act, Title 28 U.S.C. § 1346(b), the United States has moved to dismiss claims 2 and 3 of the complaint contending that there has been a failure to allege facts sufficient to form a basis for the granting of relief.

The allegations are that on October 4, 1963, one Alvin Dale, an employee of the United States Postal Service, who was acting within...

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