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GARNER v. RATHBURN

Civ. A. No. 8516.

232 F.Supp. 598 (1964)

Ivey L. GARNER, Jr., Plaintiff, v. Ralph N. RATHBURN, Defendant.

United States District Court D. Colorado.

August 10, 1964.

Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, Dwight D. Murphey, Denver, Colo., for plaintiff.

Lawrence M. Henry, U. S. Atty., and Edward Mulhall, Jr., Asst. U. S. Atty., Denver, Colo., for defendant.

DOYLE, District Judge.

The complaint herein alleges that plaintiff was an enlisted man in the United States Air Force at Lowry Air Force Base, and as such was a member of an asphalt-laying crew which was then pursuing street paving operations within the confines of Lowry Air Force Base. It is further alleged that the defendant was the civilian foreman of the military crew and that as such he negligently conducted the work operations of the group and negligently caused...

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