ORDER
The Memorandum decision filed August 31, 1994 is redesignated an authored opinion.
OPINION
WILL, Senior District Judge:
Plaintiff Albert Montes appeals from the district court's dismissal of his action brought under the Federal Tort Claims Act, 28 U.C.C. § 1346, in which he sought damages for injuries he received when a vehicle being pursued by the United States Border Patrol struck his vehicle,
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