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CASTILLO v. UNITED STATES

No. 76-1279.

552 F.2d 1385 (1977)

Corrine CASTILLO, as Administratrix of the Estate of Richard Montoya, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 12, 1977.

Attorney(s) appearing for the Case

Thomas L. Grisham, Albuquerque, N.M. (Stephen F. Lawless, Albuquerque, N.M., on the brief), of McCulloch, Grisham & Lawless, Albuquerque, N.M., for appellant.

James B. Grant, Asst. U. S. Atty., Albuquerque, N.M. (Victor R. Ortega, U. S. Atty., Albuquerque, N.M., on the brief), for appellee.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Corrine Castillo, (Castillo), as Administratrix of the Estate of Richard Montoya, Deceased, appeals from a judgment in favor of the United States Government following trial to the court on a suit filed by Castillo pursuant to 28 U.S.C.A., §§ 1346(b) and 2671, commonly referred to as the Federal Tort Claims Act.

The action was filed following the death of Richard Montoya after his "elopement" from the Veterans Administration...

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