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HOOT v. UNITED STATES

No. 85-1774.

790 F.2d 836 (1986)

Diane HOOT, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 12, 1986.

Attorney(s) appearing for the Case

James W. Winchester, Asst. U.S. Atty. (Robert N. Miller, U.S. Atty., with him on brief), Denver, Colo., for defendant-appellant.

Ronald G. Crowder, Colorado Springs, Colo., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and ANDERSON and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Diane Hoot was physically assaulted by Kevin Firth, a soldier in the United States Army stationed at Ft. Carson, Colorado. The assault occurred in Ms. Hoot's apartment in Colorado Springs, Colorado. Hoot and Firth apparently were not acquainted, and Firth had entered Hoot's apartment, in her absence, by stealth.

Based upon the incident, which was most violent in nature, Hoot brought the present action under the Federal Tort Claims...

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