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KREJCI v. U.S. ARMY MATERIAL DEV. READINESS COMMAND

No. 83-1458.

733 F.2d 1278 (1984)

Joseph KREJCI III, Plaintiff-Appellant, v. U.S. ARMY MATERIAL DEVELOPMENT READINESS COMMAND, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 1984.

Attorney(s) appearing for the Case

Sheldon Bart Nagelberg, Chicago, Ill., for plaintiff-appellant.

Thomas P. Walsh, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for defendants-appellees.

Before ESCHBACH, POSNER and COFFEY, Circuit Judges.

POSNER, Circuit Judge.

The district court dismissed Mr. Krejci's tort action against the government for failure to state a claim, and he has appealed. The only question is whether his claim is excluded from the scope of the Federal Tort Claims Act as a "claim arising out of ... misrepresentation." 28 U.S.C. § 2680(h). According to the allegations of the complaint, which for purposes of this appeal we must assume are true, Krejci, who in 1977 was working for the...

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