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OWENS v. UNITED STATES

No. 74-3124.

541 F.2d 1386 (1976)

Russell OWENS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 7, 1976.

Attorney(s) appearing for the Case

Jack Tenner (argued), of Olney, Levy, Kaplan & Tenner, Los Angeles, Cal., for plaintiff-appellant.

Paul M. Blayney (argued), of U.S. Dept. of Justice, San Francisco, Cal., for defendant-appellee.

Before KOELSCH, TRASK and KENNEDY, Circuit Judges.

ANTHONY M. KENNEDY, Circuit Judge:

On October 26, 1971 appellant was injured, allegedly by the negligent operation of a passing Navy tugboat. Almost two years later, on September 12, 1973, he brought suit against the United States for damages arising from that incident. On May 17, 1974, after both sides had engaged in detailed discovery procedures, the United States filed a motion for summary judgment based on Owen's failure to effect service of process "forthwith...

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