DRISCOLL v. HARMON

No. 1 CA-CIV 3321.

116 Ariz. 332 (1977)

569 P.2d 274

Charles W. DRISCOLL, Appellant, v. Lance A. HARMON and Rosita Harmon, his wife, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied August 22, 1977.

Review Denied September 22, 1977.


Attorney(s) appearing for the Case

Taylor & Petica, P.C. by Ronald H. Petica, Scottsdale, for appellant.

Jennings, Strouss & Salmon by William T. Birmingham, M. Byron Lewis, Phoenix, for appellees.


OPINION

EUBANK, Judge.

The issue before us on appeal is whether Charles W. Driscoll, appellant, is precluded from maintaining an action against appellees Harmon in superior court by virtue of 28 U.S.C. § 2679(b).

The case involves an automobile accident at Luke Air Force Base in which appellee Lance Harmon struck appellant while appellant was crossing the street. At the time of the accident appellee Lance Harmon was in the military service so...

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