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TAITT v. UNITED STATES

No. 83-2142.

770 F.2d 890 (1985)

Eugene L. TAITT and Mary E. Taitt, Plaintiffs-Appellants, v. UNITED STATES of America, William Hall, Director of United States Marshal's Service, Howard Safir, Assistant Director for Operations United States Marshal's Service, Gerry Shur, United States Department of Justice, and Director and Administrator of Federal Witness Protection Program (Witness Security Program), Certain Other Officials of the Bureau of Prisons of the United States unknown at this time, et al., Marion Albert Pruett, Certain Other Unknown Defendants, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 14, 1985.

Attorney(s) appearing for the Case

George C. Aucoin and Frank Carrington of Hackethal McNeill & Aucoin, Lakewood, Colo. for the plaintiffs-appellants.

Robert N. Miller, U.S. Atty., and John R. Barksdale, Asst. U.S. Atty., Denver, Colo., for defendants-appellees.

Before BARRETT, BREITENSTEIN and TIMBERS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is an action brought by appellants-plaintiffs against the United States and various of its officers, agents, and employees for violation of the Federal Tort Claims Act, 28 U.S.C. § 1346(b). The district court granted a motion to dismiss filed by the defendants. We affirm in part and reverse in part.

Appellants' son, Anthony Taitt, was murdered on October 16, 1981, by Marion Albert...

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