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MICHELS v. U.S.

No. 93-2303.

31 F.3d 686 (1994)

Vincent William MICHELS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1994.

Attorney(s) appearing for the Case

Jonathan T. Weinberg, Dept. of Justice, Washington, DC, argued (Henry Gabriel and Barbara Herwig, Dept. of Justice, on the brief), for defendant-appellant.

James P. Craig, Cedar Rapids, IA, argued (Marsha Beckelman, on the brief), for plaintiff-appellee.

Before LOKEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and EISELE, Senior District Judge.

LOKEN, Circuit Judge.

Vincent Michels was seriously injured when his motorcycle collided with a vehicle driven by an employee of the United States Department of Agriculture. Michels filed a claim with the agency for $450,000 in damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 ("FTCA"). When that claim was not resolved, he commenced this action. Following a bench trial, the district court...

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