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BERGMANN v. UNITED STATES

No. 81-2254.

689 F.2d 789 (1982)

Leona BERGMANN, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 6, 1982.

Attorney(s) appearing for the Case

Michael W. Newport, St. Louis, Mo., for appellee.

J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., Thomas E. Dittmeier, U. S. Atty., St. Louis, Mo., Anthony J. Steinmeyer, Marleigh D. Dover, Attys., Dept. of Justice, Civ. Div., Washington, D. C., for appellant.

Before ROSS, McMILLIAN and JOHN R. GIBSON, Circuit Judges.

ROSS, Circuit Judge.

Leona Bergmann instituted this wrongful death action under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. (FTCA) alleging that the government's negligent selection and supervision of Benjamin Rosado a/k/a Benjamin Russo, as a federally protected witness resulted in the murder of her husband, police officer Fred B. Bergmann, by Rosado. The district court, 526 F.Supp. 443,1

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