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DORNAN v. UNITED STATES

No. 25-622.

460 F.2d 425 (1972)

Cyril V. DORNAN, Plaintiff-Appellant, v. UNITED STATES of America, Third-Party Plaintiff, Appellee, Oro Dam Constructors, Third-Party Defendant, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 27, 1972.

Attorney(s) appearing for the Case

Mark G. Steidlmayer (argued), Fred B. Ithurburn, of Changaris, Trezza, Ithurburn & Keeley, Yuba City, Cal., for appellant.

Paul Gary Sterling, Asst. U. S. Atty. (argued), John J. Meadows, Chief, Admiralty & Shipping Section, San Francisco, Cal., Dwayne Keyes, U. S. Atty., Fitzwilliam, Memering, Stumbos & DeMers, Sacramento, Cal., for appellee.

Before CHOY and GOODWIN, Circuit Judges, and PREGERSON, District Judge.

ALFRED T. GOODWIN, Circuit Judge:

Dornan brought this Federal-Tort-Claims action against the United States for damages resulting from the alleged negligence of a government boat operator. The district judge held that, while the government's employee had negligently caused Dornan's injuries, that employee had not been acting within the scope of his employment with the United States when the accident occurred. Doran appeals. We reverse.

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