HAMMAN v. UNITED STATES

Civ. Nos. 476, 477, 522, 493.

267 F.Supp. 411 (1967)

Elsie HAMMAN, Plaintiff, v. UNITED STATES of America, Washington Iron Works, a Washington corporation, Morrison-Knudsen Company, Inc., a Delaware corporation, Perini Corporation, a Massachusetts corporation, Walsh Construction Company, Inc., an Iowa corporation, and Kaiser Company, a Nevada corporation, jointly and severally, Defendants. Arlene Hartung REED, Administratrix of the Estate of her deceased husband, Adam Hartung, Plaintiff, v. UNITED STATES of America et al., Defendants. Anna LOYNING, Administratrix of the Estate of her deceased husband, Sidney A. Loyning, Plaintiff, v. UNITED STATES of America et al., Defendants. Alice R. BLANCO, Individually and as Guardian ad Litem for Tony Jerome Blanco, David Martin Blanco, Sylvia Irene Blanco, Angela Fern Blanco and Rose Kathleen Blanco, and as Administratrix of the Estate of Frank Jerry Blanco, Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court D. Montana, Billings Division.

March 14, 1967.


Attorney(s) appearing for the Case

In causes 476, 477 and 522: Marcus, McCroskey, Libner, Reamon, Williams & Dilley, Muskegon, Mich., Lee Overfelt, Billings, Mont., J. H. McAlear, Red Lodge, Mont., and Robert H. Wilson, Hardin, Mont., for plaintiffs.

In cause 493: Sandall, Moses & Cavan, Billings, Mont., for plaintiffs.

Moody Brickett, U. S. Atty., and Robert T. O'Leary, Asst. U. S. Atty., Butte, Mont., for defendant United States.

Cooke, Moulton, Bellingham & Longo, Billings, Mont., for defendant Washington Iron Works.

Anderson, Symmes, Forbes, Peete & Brown, Billings, Mont., for defendants Morrison-Knudsen Co., Inc., Perini Corp., Walsh Const. Co., Inc., and Kaiser Co.


ORDER AND MEMORANDUM OPINION

JAMESON, Chief Judge.

Defendant United States of America has filed a motion to dismiss or for summary judgment on the grounds (1) that the plaintiffs' third amended complaints fail to state a claim against the defendant upon which relief can be granted, and (2) that based upon the pleadings, interrogatories, depositions, affidavits and exhibits, the defendant is entitled to judgment as a matter of law.

In each of the...

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