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GIBSON v. UNITED STATES

Nos. 76-2490 and 76-2673.

567 F.2d 1237 (1977)

Ronald GIBSON, Plaintiff-Appellee and Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Third Circuit.

Decided December 15, 1977.

Attorney(s) appearing for the Case

S. M. Chris Franzblau, Franzblau, Falkin & Di Marzio, Newark, N. J., for appellee and cross-appellant.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Jonathan L. Goldstein, U. S. Atty., Newark, N. J., Morton Hollander, Michael Kimmel, Attys., Civ. Div., App. Section, Dept. of Justice, Washington, D. C., for appellant and cross-appellee.

Before ADAMS and GARTH, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

This is the second time we have had this case before us on appeal. Plaintiff Ronald Gibson brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671-2680 (1970) [FTCA],1 having suffered an injury from an assault which occurred on November 5, 1966 at the federal Job Corps Center at Camp Kilmer, in Edison, New Jersey. The Kilmer...

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