GEMP v. UNITED STATES

No. 81-3288.

684 F.2d 404 (1982)

Eva M. GEMP, Individually and as Administratrix W/W/A of The Estate of James E. Gemp; Daniel C. Strawhecker and Sandra R. Sheridan, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 4, 1982.

Rehearing Denied December 1, 1982.


Attorney(s) appearing for the Case

Ingolf R. Dinklage, Covington, Ky., for plaintiffs-appellants.

Donetta D. Wiethe, Asst. U. S. Atty., Cincinnati, Ohio, David V. Hutchinson, Debra J. Kossow, Torts Branch, Civ. Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before LIVELY, MERRITT, and TIMBERS, Circuit Judges.


TIMBERS, Circuit Judge.

This appeal in this admiralty action1 arises from a saga on the Ohio River some four years ago. Two fishermen in a small boat tied up at a dam, hoping to fish in the oxygen-laden water rushing under one of the discharge gates at the dam. Under circumstances described below, one of the fishermen was drowned. The other sustained personal injuries. An action was commenced by the administratrix of the deceased fisherman...

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