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MATSKO v. U.S.

No. 03-3666.

372 F.3d 556 (2004)

John J. MATSKO, III; Teresa A. Matsko, Husband and Wife, Appellants v. UNITED STATES of America; Rudy Kotor.

United States Court of Appeals, Third Circuit.

June 16, 2004.

Attorney(s) appearing for the Case

Vincent J. Barbera, (Argued), Barbera, Clapper, Beener, Rullo & Melvin, Somerset, for Appellant.

Christine A. Sanner, (Argued), Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, Rudy Kotor, Johnstown, for Appellees.

Before NYGAARD, McKEE, and WEIS, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

John J. Matsko III1 filed a lawsuit sounding in tort for injuries inflicted by Rudy Kotor, a federal employee, during a business visit to the offices of the Mine Safety and Health Administration ("MSHA"). Matsko's amended complaint asserted two theories under which he claimed the United States was liable for his injuries. First, he argued that Kotor's actions can be imputed to the...

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