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WARE v. UNITED STATES

No. 79-1031.

626 F.2d 1278 (1980)

Cyrus R. WARE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 2, 1980.

Attorney(s) appearing for the Case

James R. Warncke, San Antonio, Tex., for plaintiff-appellant.

Leonard Schaitmen, Linda Jan S. Pack, Dept. of Justice, Civ. Div., Washington, D. C., for defendant-appellee.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

Appellant, Cyrus R. Ware, appeals a district court order dismissing his $331,607.89 claim against the United States. Ware brought his claim under the Federal Tort Claims Act (hereinafter F.T.C.A.), 28 U.S.C. §§ 1346(b), 2674,1 and under the Tucker Act, 28 U.S.C. §§ 1346(a)(2), 1491,2 as an alternate, pendent claim. We find...

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