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NAISBITT v. UNITED STATES

No. NC 78-0032.

469 F.Supp. 421 (1979)

Byron NAISBITT, Executor of the Estate of Carol Naisbitt, Deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, D. Utah, N. D.

January 2, 1979.

Attorney(s) appearing for the Case

C. C. Patterson and Robert V. Phillips, Ogden, Utah, for plaintiff.

Ronald L. Rencher, U. S. Atty., James R. Holbrook, Asst. U. S. Atty., Salt Lake City, Utah, for defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

ALDON J. ANDERSON, Chief Judge.

This action arises out of a series of rapes and murders committed by off-duty United States servicemen while stationed at Hill Air Force Base. Plaintiffs are suing the United States in tort for alleged negligence in failing to adequately evaluate and supervise the servicemen involved. The government has filed a motion to dismiss based on lack of subject matter jurisdiction contending...

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