MEMORANDUM ORDER
COHILL, District Judge.
This is a motion to dismiss the second count of the complaint filed in this case. Judge John L. Miller of this court heard the argument on July 8, 1978, but died before rendering a decision. The case was then assigned to me, and with consent of counsel, I will rule on the matter without further argument.
In this action against the United States under the Federal Tort Claims Act (28 U.S.C. § 2675), Donald...
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