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MANDEL v. UNITED STATES

Civ. No. 80-3025.

545 F.Supp. 907 (1982)

Michael MANDEL, Plaintiff, v. UNITED STATES of America, Boy Scouts of America, and Insurance Company of North America, Defendants.

United States District Court, W. D. Arkansas, Harrison Division.

August 6, 1982.

Attorney(s) appearing for the Case

Morris J. Levin, Levin & Weinhaus, St. Louis, Mo., Robert C. Compton, Brown, Compton & Prewett, Ltd., El Dorado, Ark., for plaintiff.

J. Michael Fitzhugh, Asst. U. S. Atty., Fort Smith, Ark., Donald J. Adams, Adams, Covington & Younes, Harrison, Ark., W. W. Bassett, Jr., Bassett, Bassett & Bassett, Fayetteville, Ark., for defendants.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Introduction

Plaintiff instituted this action on June 23, 1980, against the United States of America, pursuant to 28 U.S.C. § 1346(b), commonly known as the Federal Torts Claims Act, and against the Boy Scouts of America and its insurer, Insurance Company of North America, pursuant to 28 U.S.C. § 1332, based upon diversity of citizenship.

On August 20, 1980, defendant...

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