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CHANCELLOR BY CHANCELLOR v. U.S.

No. 92-6567.

1 F.3d 438 (1993)

Everette CHANCELLOR, by his guardians Willie J. CHANCELLOR and Rosa V. Chancellor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant/Third-Party Plaintiff-Appellee, Dennis L. Dunlap; Sue Ann Jones, Third-Party Defendants.

United States Court of Appeals, Sixth Circuit.

Decided August 2, 1993.

Attorney(s) appearing for the Case

Michael R. Greene (briefed), Fischer, Thomas, Brophy & Shake, Louisville, KY, for plaintiff-appellant.

James H. Barr, Asst. U.S. Atty. (briefed), Office of the U.S. Atty., Louisville, KY, for defendant-appellee.

Before: GUY and NELSON, Circuit Judges; and WELLFORD, Senior Circuit Judge.

PER CURIAM.

This is an action brought under the Federal Tort Claims Act (FTCA) by a young boy, Everette Chancellor, who was bitten by a dog. The incident occurred inside the apartment of the dog's owner, Sgt. Dennis Dunlap, who was a soldier living on the base at Ft. Knox, Kentucky.

The United States could be liable under the FTCA only if Dunlap, in keeping the dog, committed a negligent or wrongful act while "acting...

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