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TAUMBY v. U.S.

No. 89-1516.

919 F.2d 69 (1990)

James R. TAUMBY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 5, 1990.

Rehearing and Rehearing Denied November 26, 1990.

Attorney(s) appearing for the Case

James K. Blickhan, Kansas City, Mo., for appellant.

Richard E. Monroe, Asst. U.S. Atty., Springfield, Mo., for appellee.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 26, 1990.

JOHN R. GIBSON, Circuit Judge.

James R. Taumby, appellant, has moved for a rehearing of this panel's May 14, 1990 decision affirming the district court's dismissal of his Federal Tort Claims Act claim. Taumby v. United States, 902 F.2d 1362 (8th Cir.1990). The Department of Justice has filed a response agreeing that this panel's earlier opinion should be vacated...

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