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WINE v. UNITED STATES

No. 81-1359.

705 F.2d 366 (1983)

Deborah WINE, Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 11, 1983.

Attorney(s) appearing for the Case

Thomas J. Constantine, Englewood, Colo. (Neil E. Lipson, Denver, Colo., with him on brief), for plaintiff-appellant.

Joseph Dolan, U.S. Atty., and Nancy E. Rice, Asst. U.S. Atty., Denver, Colo., for defendant-appellee.

Before SETH, Chief Judge, McWILLIAMS, Circuit Judge, and BROWN, Senior District Judge.

BROWN, Senior District Judge.

Appellant brings this appeal from the Order of the district court granting the motion of the United States to dismiss the action. The facts are not in dispute, and may be briefly stated. On February 20 and 21, 1978, appellant and her companion, Stuart Smolin, were kidnapped by Dana E. Morgan. Morgan assaulted and fatally shot Mr. Smolin and sexually assaulted and shot appellant. At the time of the incident, Morgan was a sergeant in the...

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