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KING v. U.S.

No. 00-1486.

301 F.3d 1270 (2002)

Jerry KING, et al., Plaintiffs, v. UNITED STATES of America, Defendant-Cross Claimant-Appellant, v. Wayne Emmett McKillop, Defendant-Cross Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 5, 2002.

Attorney(s) appearing for the Case

Alisa B. Klein, Appellate Staff, Civil Division, Department of Justice, Washington, DC, (Stuart E. Schiffer, Acting Assistant Attorney General, Thomas L. Strickland, United States Attorney, and Mark B. Stern, Department of Justice, with her on the briefs), for Defendant-Cross Claimant-Appellant.

Colleen A. O'Laughlin (William J. Kowalski and Mark Wiletsky with her on the brief), of Caplan and Earnest LLC, Boulder, CO, for Appellee.

Before KELLY and HOLLOWAY, Circuit Judges, and SHADUR, District Judge.

HOLLOWAY, Circuit Judge.

I

The third amended complaint (hereafter the complaint) in the instant suit alleges jurisdiction of this action for fire damages against the United States and others being pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2674 and 1346(b). Appellant's Appendix (Aplt.App.) at 1.

In the first claim for relief, the complaint averred that the Government was negligent in...

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