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GROGAN v. UNITED STATES

No. 15840.

341 F.2d 39 (1965)

William H. GROGAN, James B. Shepeard, Raymond Carner and Ottis Lutz, Plaintiffs-Appellants, v. UNITED STATES of America and Tecon Corporation, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

February 5, 1965.

Attorney(s) appearing for the Case

James Glenn Apple, Paducah, Ky., for appellants, Charles A. Williams, Paducah, Ky., on the brief.

John C. Eldridge, Dept. of Justice, Washington, D. C., for appellees, John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, John C. Eldridge, Attys., Dept. of Justice, Washington, D. C., William E. Scent, U. S. Atty., Louisville, Ky., on the brief.

Before O'SULLIVAN, Circuit Judge, McALLISTER, Senior Circuit Judge, and WEINMAN, District Judge.

O'SULLIVAN, Circuit Judge.

Plaintiffs-Appellants, William H. Grogan, and others appeal from a judgment for defendant-appellee, United States, in a suit under the Federal Tort Claims Act. Trial was had to District Judge Shelbourne of the United States District Court for the Western District of Kentucky. His opinion is reported as Grogan v. United States, 225 F.Supp. 821 (1963).

Plaintiffs were injured when a scaffold they...

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