Deborah Wine v. The United States of America

BROWN, Senior District Judge.

Appellant brings this appeal from the Order of the district court granting the motion of the United States to dismiss the action. The facts are not in dispute, and may be briefly stated. On February 20 and 21, 1978, appellant and her companion, Stuart Smolin, were kidnapped by Dana E. Morgan. Morgan assaulted and fatally shot Mr. Smolin and sexually assaulted and shot appellant. At the time of the incident, Morgan was a sergeant in the United States Air Force, stationed at Lowry Air Force Base in Denver, Colorado. It is admitted that Morgan was off duty and was…