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WILSON v. DRAKE

No. 94-56428.

87 F.3d 1073 (1996)

Robert WILSON, Plaintiff-Appellee, v. Sammy DRAKE; United States of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1996.

Attorney(s) appearing for the Case

Matthew M. Collette, Department of Justice, Washington, D.C., for defendants-appellants.

Bennett Rolfe, Rolfe, Smith-Low & Coleman, Camarillo, California, for plaintiff-appellee.

Before: SCHROEDER, FERGUSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a federal employer is entitled to immunity for intentional torts allegedly committed by one of its employees against another on a government installation in California.

I

Robert Wilson is an engineer at the Naval Air Warfare Center in Point Mugu, California; Sammy Drake is his immediate supervisor. In June 1993, Wilson filed a complaint in California state court against Drake in his

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