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FAUST v. SOUTH CAROLINA STATE HIGHWAY DEPT.

Nos. 82-1288, 82-1289.

721 F.2d 934 (1983)

Alean Hester FAUST, Administratrix of the Estate of Charles Lonnie Faust, deceased, Tommy Bennett, Curtis L. Muldrow, Appellees, v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant, and United States of America, Defendant. Alean Hester FAUST, Administratrix of the Estate of Charles Lonnie Faust, deceased, Tommy Bennett, Curtis L. Muldrow, Appellees, v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Defendant, and United States of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 1, 1983.

Rehearing and Rehearing Denied December 13, 1983.

Attorney(s) appearing for the Case

Ellison D. Smith, IV, Charleston, S.C. (Long, Smith & Jordan, Charleston, S.C., Daniel R. McLeod, Atty. Gen., John M. Cox, Asst. Atty. Gen., Columbia, S.C., Amy Gibson, Staff Atty., Barnwell, S.C., on brief), for appellant S.C. State Highway Dept.

Allen vanEmmerik, Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Henry Dargan McMaster, U.S. Atty., Columbia, S.C., Mark A. Dombroff, Director, Torts Branch, Civil Div., Dept. of Justice, Washington, D.C., Stan Barnett, Asst. Dist. Counsel, Dept. of the Army, Charleston, S.C., on brief), for appellant United States.

Douglas Hinds, Georgetown, S.C. (Hal M. Strange, Hinds, Cowan & Strange, Georgetown, S.C., Reginald C. Brown, Jr., J. Anderson Berly, III, Hyman, Morgan, Brown, Jeffords, Rushton & Fallon, Florence, S.C., D.A. Brockinton, Jr., Brockinton, Brockinton & Smith, Charleston, S.C., on brief), for appellees.

Before WINTER, Chief Judge, WIDENER, Circuit Judge, and WYZANSKI, Senior District Judge.

Rehearing and Rehearing En Banc Denied December 13, 1983.

HARRISON L. WINTER, Chief Judge:

The decedent of the plaintiff administratrix was killed and the two other plaintiffs were injured when, on the night of December 11, 1977, the decedent's motorboat collided with a steel guide cable used by the South Carolina State Highway Department (Highway Department) in the operation of a cable ferry across a canal in the Atlantic Intracoastal Waterway. Plaintiffs...

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