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NILES v. UNITED STATES

No. C-80-1733-MHP.

520 F.Supp. 808 (1981)

Kelly B. NILES, by and through his Co-Conservators, David F. Niles and John A. MacMahon, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N. D. California.

August 11, 1981.

Attorney(s) appearing for the Case

Jerry H. Robinson, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for plaintiffs.

G. Jeffrey S. Niesen, Asst. U. S. Atty., San Francisco, Cal., for defendant.

OPINION

PATEL, District Judge.

This is an action for refund of federal income taxes in which both parties have moved for partial summary judgment. Jurisdiction is based on 28 U.S.C. §§ 1346(a)(1) and 1402(a)(1).

The essential facts of the case are not in dispute. In 1970 plaintiff Kelly Niles, then eleven years old, suffered a head injury during a playground altercation. Subsequent negligent medical care left plaintiff with irreparable...

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