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LAUER v. U.S.

No. 91-2224.

968 F.2d 1428 (1992)

Stephen P. LAUER, Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 13, 1992.

Attorney(s) appearing for the Case

Lowell V. Sturgill, Jr., Appellate Staff, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Daniel F. Lopez-Romo, U.S. Atty., and Robert S. Greenspan, Appellate Staff, Civ. Div., Dept. of Justice, were on brief for defendant, appellant.

Mark B. Frost with whom Herbert W. Brown was on brief for plaintiff, appellee.

Before BREYER, Chief Judge, ALDRICH and COFFIN, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

On Friday afternoon, October 31, 1986, Federal Tort Claims Act, 28 U.S.C. § 2674, plaintiff Stephen P. Lauer, a Naval enlistee stationed at the Roosevelt Roads Naval Station in Puerto Rico, became at liberty until Monday morning. He remained at the base, but in the evening, after some beers, he joined a number of others to take a bus, where he drank more, to No. 1 Gate, and then set out to walk to Don's Lighthouse, a public...

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