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SMITH v. PENA

No. 79-1397.

621 F.2d 873 (1980)

Stephen W. SMITH and Cynthia Dodd a/k/a Cynthia Smith, Plaintiffs-Appellants, v. Robert R. PENA and the UNITED STATES Army, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 1980.

Attorney(s) appearing for the Case

Janice Metros Johnston, McHenry, Ill., for plaintiffs-appellants.

Thomas P. Sullivan, U.S. Atty., Robert B. Breisblatt, Asst. U.S. Atty., Chicago, Ill., for defendants-appellees.

Before SWYGERT and WOOD, Circuit Judges, and ACKERMAN, District Judge.

SWYGERT, Circuit Judge.

This appeal presents the question of whether one who seeks damages for personal injuries can invoke the Federal Tort Claims Act, 28 U.S.C. § 1346, by alleging negligence when, were he to sue in an Illinois court, his claim would be governed by an absolute liability statute. Stated differently for clarity, we must determine the combined effect of the Federal Tort Claims Act (FTCA), 28 U.S.C. &...

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