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ZOCCO v. U.S. DEPT. OF ARMY

No. 89-109-CIV-3-BR.

791 F.Supp. 595 (1992)

Scott ZOCCO, Plaintiff, v. UNITED STATES of America, DEPARTMENT OF the ARMY; Deggeller Attractions, Inc. a/k/a Deggeller Attractions; and Lawrence "Running Bear" Brawley, Defendants.

United States District Court, E.D. North Carolina. Fayetteville Division.

April 13, 1992.

Attorney(s) appearing for the Case

James M. Cooper, Cooper & Davis, Fayetteville, N.C., for plaintiff.

R.A. Renfer, Jr., Asst. U.S. Atty., U.S. Attys. Office, Raleigh, N.C., for defendants U.S. and Dept. of Army.

J.A. Webster, III, Young, Moore, Henderson & Alvis, P.A., Raleigh, N.C., for defendants Deggeller Attractions, Inc. and Lawrence Brawley.

BRITT, District Judge.

This matter is before the court for ruling on several pending motions. An evidentiary hearing and oral argument were held on 6 April 1992. Although the court announced its rulings from the bench at the hearing, it will elaborate on its rationale for those rulings in this order.

I. Facts

The United States Army ("Army") contracted with defendant Deggeller Attractions, Inc. ("Deggeller") to operate the 1988 fair at the...

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