MEMORANDUM ORDER AND PARTIAL JUDGMENT
WALTER E. HOFFMAN, Chief Judge.
Plaintiff instituted this action on December 3, 1968, under the Federal Tort Claims Act, 28 U.S.C. section 2671 et seq., as to the United States of America, and by reason of diversity of citizenship and the amount in controversy as to Gary E. Morgan.
Plaintiff, at all times pertinent hereto, was employed at a Day Nursery, a nonappropriated fund instrumentality, maintained as such...
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