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SHEFF v. UNITED STATES

No. C-70 1237.

325 F.Supp. 1082 (1971)

Leroy O. SHEFF, Jr., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. California.

April 9, 1971.

Attorney(s) appearing for the Case

Marcus & Ury, Inc., Pleasant Hill, Cal., for plaintiff.

James L. Browning, Jr., U. S. Atty., Brian B. Denton, Asst. U. S. Atty., San Francisco, Cal., for defendant.

MEMORANDUM AND ORDER

CONTI, District Judge.

This case is before the court on the defendant's motion for dismissal of the complaint or, in the alternative, for summary judgment.

The plaintiff filed this action against the United States under the Federal Tort Claims Act., 28 U.S.C. § 1346(b), 2671, et seq., alleging that the United States "acting through its duly authorized employee and agent, one Private Jack Dennis Spears, so negligently, carelessly...

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