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DUFF v. U.S. BY AND THROUGH U.S. AIR FORCE

No. 92-2691.

999 F.2d 1280 (1993)

Cheryl L. DUFF, Appellant, v. UNITED STATES of America, acting By and Through the UNITED STATES AIR FORCE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1993.

Attorney(s) appearing for the Case

Thomas A. Wentz, Minot, ND, argued (David J. Hogue, on the brief), for appellant.

Brett P. Scott, Washington, DC, argued (Stuart M. Gerson, Stephen D. Easton, J. Patrick Glynn and Brett P. Scott, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, LAY, Senior Circuit Judge, and FAGG, Circuit Judge.

LAY, Senior Circuit Judge.

Cheryl Duff sued the United States, claiming the government, as her landlord at the Minot Air Force Base in North Dakota, breached its duty to warn her of the dangers from the fumes caused by government contractors varnishing the floors in an adjacent apartment with an industrial polyurethane.1 The district court2 dismissed Duff's suit on the basis that it lacked subject matter jurisdiction...

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