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KOHL v. U.S.

No. 11-6213.

699 F.3d 935 (2012)

Debra R. KOHL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 16, 2012.

Attorney(s) appearing for the Case

ARGUED: Brandon E. Bass , Law Offices of John Day, P.C., Brentwood, Tennessee, for Appellant. Jeffrey E. Sandberg , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Brandon E. Bass , John A. Day , Law Offices of John Day, P.C., Brentwood, Tennessee, for Appellant. Jeffrey E. Sandberg , Mark B. Stern , United States Department of Justice, Washington, D.C., for Appellee.

MOORE, J., delivered the opinion of the court in which McKEAGUE, J., joined. MERRITT, J. (pp. 945-48), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case arises out of the execution of a field experiment aimed at improving the government's technical capacity to respond to Improvised Explosive Devices (IEDs). Plaintiff-Appellant Debra R. Kohl ("Kohl") seeks recovery for injuries allegedly sustained due to negligence of a federal employee operating a winch while collecting debris generated by the planned detonation...

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