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MILLER v. UNITED STATES

No. 79-1605.

710 F.2d 656 (1983)

Karen Lee MILLER, individually; Earl Edward Miller, individually, Plaintiffs-Appellants, v. UNITED STATES of America, DEPARTMENT OF TRANSPORTATION (including the National Highway Traffic Safety Administration), Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Certiorari Denied October 31, 1983.

Attorney(s) appearing for the Case

Jeffrey S. Pop, Beverly Hills, Cal. (Thomas G. Hahn of Pop & Hahn, Beverly Hills, Cal., and Michael M. McGloin of Arkin, McGloin & Davenport, Denver, Colo., with him on the briefs), of Pop & Hahn, Beverly Hills, Cal., for plaintiffs-appellants.

Sandra Wien Simon, Washington, D.C. (Alice Daniel, Acting Asst. Atty. Gen., Leonard Schaitman and Robert Kaplan, Attys., Dept. of Justice, Civil Division, Appellate Staff, Washington, D.C., and Joseph F. Dolan, U.S. Atty., Denver, Colo., with her on the brief), of Dept. of Justice, Civil Division, Appellate Staff, Washington, D.C., for defendants-appellees.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.

Certiorari Denied October 31, 1983. See 104 S.Ct. 352.

HOLLOWAY, Circuit Judge.

Plaintiffs-appellants brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. (FTCA), and the Federal Highway Safety Act, 23 U.S.C. §§ 401 et seq., for personal injuries resulting from an automobile accident which occurred December 18, 1977, on U.S. 6 (Interstate 70) in Garfield County, Colorado. Prior to discovery...

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