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HOWARD ROUTH & SONS v. UNITED STATES

No. 80-1127.

668 F.2d 454 (1981)

HOWARD ROUTH & SONS, Plaintiff-Appellant, v. UNITED STATES of America, M. J. Bober Co., and Johnson, Fermelia & Crank, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 18, 1981.

Attorney(s) appearing for the Case

G. G. Greenlee, Casper, Wyo. (Robert M. Shively, Casper, Wyo., with him on the brief) of Murane & Bostwick, Casper, Wyo., for plaintiff-appellant.

Jeffrey C. Fisher (Charles E. Graves, U. S. Atty., D. Wyoming, Cheyenne, Wyo., with him on the brief), Asst. U. S. Atty., D. Wyoming, Cheyenne, Wyo., for defendants-appellees.

Before BREITENSTEIN and LOGAN, Circuit Judges, and BROWN, Senior District Judge.

PER CURIAM.

The plaintiff below, Howard Routh and Sons, appeals from an Order of the United States District Court for the District of Wyoming dismissing the United States as a defendant in this action brought against the United States and two contractors under contract to the United States, the M. J. Bober Company, and Johnson, Fermelia and Crank, Inc. The case was brought by plaintiff under the Federal Tort Claims Act, 28 U.S.C.A. §§ 2671 et seq. for the...

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