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HESS v. UNITED STATES

No. 15685.

282 F.2d 633 (1960)

Henry L. HESS, Jr., Administrator of the Estate of George William Graham, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 31, 1960.

Attorney(s) appearing for the Case

Hess & Hess, Clayton Hess, Cleveland C. Cory, Portland, Or., Geoffrey C. Hazard, Jr., Berkeley, Cal., for appellant.

George Cochran Doub, Asst. Atty. Gen., C. E. Luckey, U. S. Atty., Portland, Or., Samuel D. Slade, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before BARNES, HAMLEY and HAMLIN, Circuit Judges.

HAMLEY, Circuit Judge.

George W. Graham was drowned when a tug on which he was employed sank in a spillway bay of Bonneville Dam on the Columbia River in Oregon. His administrator brought this suit for damages against the United States under the Tort Claims Act, 28 U.S.C.A. § 1346(b), 2674.

The theory of the action was that the government is liable under the Employers' Liability Law of Oregon or, if not, then...

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