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PHINNEY v. U.S.

No. 93-1797.

15 F.3d 208 (1994)

Theresa PHINNEY, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 3, 1994.

Attorney(s) appearing for the Case

Edwin Paul Gale, with whom Thomas E. Craig and Thomas Craig, P.A., Manchester, NH, were on brief for appellant.

Gretchen Leah Witt, Chief, Civil Division, with whom Peter E. Papps, United States Attorney, and Elaine Marzetta Lacy, Assistant United States Attorney, Concord, NH, were on brief for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

CYR, Circuit Judge.

Plaintiff-appellant Theresa Phinney was struck and injured by a backhoe operated by an employee of Middlesex Corporation, an independent contractor engaged by the United States to resurface roads at Pease Air Force Base in New Hampshire. After exhausting administrative remedies, see 28 U.S.C. § 2675, plaintiff brought this Federal Tort Claims Act [FTCA] suit, alleging, inter alia, that...

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