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OLIVAS v. UNITED STATES

No. 73-1139.

506 F.2d 1158 (1974)

Delfino R. OLIVAS, Plaintiff-Appellee, Aetna Life and Casualty Company, Plaintiff-Intervenor, Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 12, 1974.

Attorney(s) appearing for the Case

James D. Whitney, Asst. U. S. Atty. (argued) Tucson, Ariz., for defendant-appellant.

Robert F. Miller (argued), of Miller, Pitt & Feldman, Tucson, Ariz., for plaintiff-appellee.

Before HAMLEY, MERRILL and WRIGHT, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

The government has appealed from a judgment under the Federal Tort Claims Act [28 U.S.C. §§ 1346(b), 2671-2680] in favor of the plaintiff-appellee Olivas, because of injuries sustained on a construction project at an Air Force base in Arizona.

It is assigned as error that the district court found that the negligence of a government agent was the proximate cause of Olivas' injury. The government appeals...

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