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STOUT v. U.S.

Civ. No. 85-1464.

696 F.Supp. 538 (1987)

Cynthia STOUT, individually and as guardian ad litem for Michael Miller, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Hawaii.

August 5, 1987.

Attorney(s) appearing for the Case

L. Richard Deroberter, Honolulu, Hawaii, for plaintiffs.

Gary Beaver, Honolulu, Hawaii, for defendant.

MEMORANDUM AND ORDER

ROSENBLATT, District Judge.

Plaintiff is the mother of a then ten year old boy who was injured while climbing a tree on a military housing development. Defendant had filed a Motion To Dismiss, but had included evidence outside the pleadings. Judge Consuelo Marshall refused to consider the motion as one for summary judgment because of the objection of plaintiff's counsel. She then denied the Motion To Dismiss and defendant was given additional...

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