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SELLERS v. U.S.

Civ. Nos. 86-3109, 86-3140.

672 F.Supp. 446 (1987)

Edward M. SELLERS, Plaintiff, v. UNITED STATES of America, Defendant. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Idaho.

November 4, 1987.

Attorney(s) appearing for the Case

Paul L. Westberg, Westberg & McCabe, Boise, Idaho, for plaintiffs.

Maurice O. Ellsworth, U.S. Atty., Jeffery W. Ring, Warren Derbidge, Asst. U.S. Attys., Boise, Idaho, for defendant.

MEMORANDUM OPINION AND ORDER

RYAN, District Judge.

This suit is brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq. On or about September 19, 1984, Plaintiff Edward M. Sellers was riding his bicycle in Moscow, Idaho. One Gary L. McGraw, who was driving an automobile at the time, struck Sellers, causing severe injuries. McGraw had been summoned for jury duty in federal district court in Moscow,1

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