MEMORANDUM OPINION AND ORDER
VANARTSDALEN, District Judge.
The plaintiff filed suit under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq. (1965), alleging numerous theories as the basis for the cause of action. In May of 1971 this Court denied the defendant's motion for summary judgment holding that the facts as alleged by the plaintiff could establish a cause of action. Toppi v. United States,
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