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CURRY v. U.S.

No. 95-2122.

97 F.3d 412 (1996)

Donald CURRY and Alma Ortiz, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, and Joe R. Roybal, d/b/a Roybal's Forestry Products, Defendant.

United States Court of Appeals, Tenth Circuit.

October 4, 1996.

Attorney(s) appearing for the Case

Roberto C. Armijo of Civerolo, Wolf, Gralow & Hill, Albuquerque, New Mexico, for Plaintiffs-Appellants.

John W. Zavitz, Assistant United States Attorney (John J. Kelly, United States Attorney, on the brief), Albuquerque, New Mexico, for Defendant-Appellee.

Before KELLY, ENGEL, and LOGAN, Circuit Judges.

ENGEL, Circuit Judge.

Plaintiffs Donald Curry and Alma Ortiz appeal the district court's judgment for the United States in their suit against the United States and Joe Roybal arising from an accident involving the plaintiffs and Roybal. The plaintiffs' claim against the United States is based on the theory that Roybal was an employee of the United States Forest Service ("USFS"). The district court held that Roybal was not an employee of the USFS and entered final...

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