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WEBSTER v. U.S.

No. CV 89-112-M-CCL.

823 F.Supp. 1544 (1992)

Daniel WEBSTER, Individually and as the personal representative of the estate of Laurie Webster, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Montana, Missoula Division.

October 1, 1992.

Attorney(s) appearing for the Case

Edward K. Duckworth, Ronan, MT, for plaintiff.

Kris McLean, Asst. U.S. Atty., Helena, MT, Loretta King, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, for defendant.

OPINION AND ORDER

LOVELL, District Judge.

The United States has filed a motion to dismiss or, in the alternative, for summary judgment on the grounds that Plaintiff's action falls outside of the waiver of sovereign immunity contained in the Federal Tort Claims Act ("FTCA") and is not based upon the negligence of federal employees. The matter having been fully briefed, the court is prepared to rule.

BACKGROUND

This action was brought pursuant...

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