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MARCUM v. UNITED STATES

No. 71-1966.

452 F.2d 36 (1971)

R. C. (Buck) MARCUM, the father of Marcus Marcum, a deceased minor, Plaintiff-Appellant, v. UNITED STATES of America, U. S. Corps of Engineers, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 30, 1971.

Attorney(s) appearing for the Case

Francis H. Hare, Jr., Hare, Wynn, Newell & Newton, Birmingham, Ala., for plaintiff-appellant.

Wayman G. Sherrer, U. S. Atty., B. Don Hale, Asst. U. S. Atty., Birmingham, Ala., Thomas L. Jones, Atty., Admiralty & Shipping Section, Dept. of Justice, Morton Hollander, Chief, Appellate Section-Civil Div., Walter H. Fleischer, Robert M. Feinson, Dept. of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., for defendants-appellees.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

On June 14, 1966, appellant's 16-year-old son, Marcus Marcum, drowned in Lock 13 which was maintained by the United States Corps of Engineers, and located on the Black Warrior River near Tuscaloosa, Alabama. Plaintiff brought suit against the United States alleging negligence and wanton misconduct in allowing a certain valve to remain open in the Lock, thereby creating a dangerous undercurrent beneath the calm surface of the water; and further...

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