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LUTZ v. UNITED STATES

No. 81-3204.

685 F.2d 1178 (1982)

Linda E. LUTZ, as parent and next friend of Catherine Lutz, a minor, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1982.

Attorney(s) appearing for the Case

R. Keith Strong, Church, Harris, Johnson & Williams, Great Falls, Mont., for plaintiff-appellant.

Allen R. McKenzie, Asst. U. S. Atty., Butte, Mont., for defendant-appellee.

Before HUG, SKOPIL, and FLETCHER, Circuit Judges.

HUG, Circuit Judge:

Linda Lutz brought this action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, on behalf of her daughter, Catherine. The child was severely injured by dog bites while residing in base housing at Malmstrom Air Force Base. Lutz claimed that the dog's owner was negligent in failing to control the animal, and that because the negligent acts occurred within the scope of the dog owner's Air Force employment, the...

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