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WAKE v. U.S.

Nos. 1260, 1261, Dockets 95-6230, 95-6241.

89 F.3d 53 (1996)

Karen Kay WAKE, Plaintiff-Appellant, v. UNITED STATES of America; Sergeant Kenneth Jay Etringer, U.S.M.C.; Colonel E.A. Smyth, U.S.M.C., in both official and individual capacities; Commander Maynard Robinson, U.S.N., in both official and individual capacities; Colonel A.S. Weber, U.S.M.C., in both official and individual capacities; Lieutenant Timothy B. Spratto, U.S.N., in both official and individual capacities; and Other Unknown Officers of the United States Navy, in both official and individual capacities, Defendants-Appellees, Norwich University, and Unknown Members of the Faculty of Norwich University, in both official and individual capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 9, 1996.

Attorney(s) appearing for the Case

Jeffrey N. Gelfon, Roxbury, Vermont, for plaintiff-appellant.

Allan R. Keyes, Ryan Smith & Carbine, Ltd., Rutland, Vermont, for defendants-appellants.

Helen M. Toor, Assistant United States Attorney for District of Vermont, Burlington, Vermont (Charles R. Tetzlaff, United States Attorney for the District of Vermont, on the brief), for defendants-appellees.

Before: KEARSE and ALTIMARI, Circuit Judges, and MORAN, District Judge.

ALTIMARI, Circuit Judge:

Plaintiff-appellant Karen Kay Wake ("Wake") appeals from a judgment of the United States District Court for the District of Vermont (Parker, C.J.),** dismissing all claims against the federal defendants-appellees — the United States, several members of the United States Navy and Marine Corps, and unknown officers of the United States Navy (the "federal defendants") — under the Federal Tort...

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