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MILTON v. MITCHELL

No. 87-95.

762 P.2d 372 (1988)

Julian A. MILTON, Jr., Appellant (Plaintiff), v. Charles A. MITCHELL, Appellee (Defendant).

Supreme Court of Wyoming.

Rehearing Denied October 24, 1988.

Attorney(s) appearing for the Case

Kennard F. Nelson, Kirkwood, Copenhaver & Nelson, Laramie, for appellant.

William M. McKellar, Lathrop & Uchner, Cheyenne, for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT and MACY, JJ., and BROWN, J., Retired.

THOMAS, Justice.

The narrow question to be decided in this case is whether the phrase "scope of his duties" found in § 1-39-114, W.S. 1977 (Cum.Supp. 1987), and used throughout the Wyoming Governmental Claims Act, §§ 1-39-101 through 1-39-120, W.S. 1977 (Cum. Supp. 1987), is interchangeable with the term "scope of employment." Julian A. Milton, Jr. (Milton) filed an action against Charles A. Mitchell (Mitchell) seeking damages, in the alternative, for...

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