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MIDDLETENT v. UNITED STATES

Civ. 69-132C.

311 F.Supp. 788 (1970)

Ernest MIDDLETENT, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, C. D.

April 28, 1970.

Attorney(s) appearing for the Case

A. P. Fuller, of Morgan & Fuller, Chamberlain, S. D., for plaintiff.

R. D. Hurd, Asst. U. S. Atty., of Sioux Falls, S. D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Plaintiff, Ernest Middletent, brings this action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., to recover for injuries which he sustained when kicked by a fellow prisoner while incarcerated in a jail operated by the United States Bureau of Indian Affairs at Fort Thompson, South Dakota. The plaintiff contends that the United States was negligent in...

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