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EIDE v. TIMBERLAKE

Civ. A. No. 77-2154.

497 F.Supp. 1272 (1980)

Mildred C. EIDE, Plaintiff, v. Richard E. TIMBERLAKE, Major, and James D. Barnett, Defendants.

United States District Court, D. Kansas.

September 22, 1980.

Attorney(s) appearing for the Case

Eldon J. Shields and Thomas Francis Sullivan, McDonald & Dykes, Overland Park, Kan., for plaintiff.

Douglas B. Comer, Asst. U. S. Atty., U. S. Dept. of Justice, Kansas City, Kan., John Lodge Euler, Torts Branch, Civ. Div., Washington, D. C., W. Russell Welsh, U. S. Dept. of Justice, Torts Section, Civ. Div., Washington, D. C., Major J. Thomas Holloman, Dept. of the Army, Washington, D. C., for defendants.

MEMORANDUM AND ORDER

O'CONNOR, District Judge.

This case now comes before the court for determination of defendant Timberlake's motion for summary judgment. On October 14, 1976, plaintiff, who was curator of the Fort Leavenworth Museum, was brutally assaulted by James Barnett, a parolee of the Local Parole Unit of the United States Disciplinary Barracks at Fort Leavenworth. Barnett had been assigned to work at the Museum by defendant Timberlake, who was...

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