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HOOT v. UNITED STATES

Civ. A. No. 84-C-664.

598 F.Supp. 1116 (1984)

Diane HOOT, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

December 17, 1984.

Attorney(s) appearing for the Case

Ronald G. Crowder, Barton & Crowder, Colorado Springs, Colo., for plaintiff.

James W. Winchester, Asst. U.S. Atty., Denver, Colo., for defendant.

ORDER

CARRIGAN, District Judge.

Diane Hoot filed this action under the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. seeking damages for personal injuries. The United States has moved to dismiss, asserting that the case is excluded from the Act's coverage by § 2680(h), the provision that excludes assault and battery cases. The parties have briefed the issues thoroughly, and oral argument would not assist the decision process.

I.

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