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STEWART v. UNITED STATES

No. 80-1329.

716 F.2d 755 (1982)

Leroy STEWART, Plaintiff-Appellant, v. UNITED STATES of America, Gary D. Nuss, and Rockwell International Corporation, a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 28, 1982.

Attorney(s) appearing for the Case

Richard M. Borchers, Westminster, Colo. (John E. Joslin, Kansas City, Mo., was on the brief), for plaintiff-appellant.

James E. Elliott, Jr., Denver, Colo. (Elliott, Martinez & Allman, Denver, Colo., was on the brief), for defendants-appellees Rockwell Inter. Corp. and Gary D. Nuss.

Jake J. Chavez, Asst. U.S. Atty., Denver, Colo. (Joseph F. Dolan, U.S. Atty. and Donald M. Hoerl, Asst. U.S. Atty., Denver, Colo., and Jan Elizabeth Mitchell, U.S. Dept. of Energy, Albuquerque, N.M., were on the brief), for defendant-appellee United States of America.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

Rehearing Pending.

HOLLOWAY, Circuit Judge.

In this suit brought against the United States under the Federal Tort Claims Act (FTCA), plaintiff-appellant Leroy Stewart appeals a dismissal as to the defendant United States and a summary judgment granted for defendants Gary Nuss (Nuss) and Rockwell International Corporation (Rockwell), also named as defendants. Plaintiff seeks damages for personal injuries incurred in a parking lot accident at the Rocky Flats...

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