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NELSON v. U.S.

No. 86-5447.

838 F.2d 1280 (1988)

Linda M. NELSON, parent of Nelson, Tracey R., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1988.

Attorney(s) appearing for the Case

Robert L. Willmore, Deputy Asst. Atty. Gen., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., Robert S. Greenspan and Marc Richman, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellant. R. Craig Lawrence and James N. Owens, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellant.

Norman L. Blumenfeld, Washington, D.C., for appellee.

Before MIKVA, BORK and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

This appeal requires us to determine whether the United States can be held liable in tort for injuries a civilian Air Force base resident sustained when she was attacked by a dog kept by a serviceman who also resided on the base. The district court concluded that the government was liable under two separate lines of analysis: (1) that the serviceman acted within the scope of his employment...

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