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from libel action under the Federal Tort Claims Act, but it remanded the claim against the federal employee to the district court for further consideration of the scope of his official immunity. On petition of the Department of Justice, the case was re-argued before all nine Appellate Court judges on December 16, 1976. No further opinion has as yet been handed down.

2. There have been no changes in the status of the following cases since the last litigation report to the Regents on October 1, 1976:

Claims arising out of construction of the Hirshhorn Museum

[[underlined]] Benima [[/underlined]] v. [[underlined]] Smithsonian Institution [[/underlined]]

[[underlined]] Chedister [[/underlined]] v. [[underlined]] United States [[/underlined]]

[[underlined]] Foster [[/underlined]] v. [[underlined]] Ripley et al. [[/underlined]]

[[underlined]] Living Window ICC, Inc., and Joseph Etelman [[/underlined]] v. [[underlined]] James S. Ward, Inc., James S. Ward and the Smithsonian Institution [[/underlined]]

[[underlined]] Mason [[/underlined]] v. [[underlined]] United States [[/underlined]]

[[underlined]] Precure [[/underlined]] v. [[underlined]] United States and John Naveau [[/underlined]]

[[underlined]] Winston [[/underlined]] v. [[underlined]] Smithsonian Science Information Exchange [[/underlined]]