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TROMBETTA v. UNITED STATES

No. CV-84-176-BLG.

613 F.Supp. 169 (1985)

Robert B. TROMBETTA, Mitsie M. Trombetta, and Anthony Trombetta, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Montana, Billings Division.

July 2, 1985.

Attorney(s) appearing for the Case

Bert W. Kronmiller, Dunaway, O'Connor & Moe, P.C., Billings, Mont., for plaintiffs.

Lorraine Gallinger, Asst. U.S. Atty., Billings, Mont., Collette Winston, Asst. U.S. Atty., Civ. Div., Washington, D.C., for defendant.

OPINION AND ORDER

BATTIN, Chief Judge.

This case is before the Court on defendant's motion to reconsider the Court's order denying defendant's motion to dismiss Count One of plaintiffs' complaint. Upon reconsideration, defendant's motion to dismiss Count One is granted.

In this Court's opinion of January 9, 1985, the Court held that plaintiffs' claim was not barred by the exceptions to the Federal Torts Claims Act (FTCA). That position is supported...

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