BINNEY v. UNITED STATES

Civ. Nos. 68-220, 68-229.

329 F.Supp. 351 (1971)

Lila E. BINNEY, Administratrix of the Estate of John L. Binney, deceased, Plaintiff, v. UNITED STATES of America, Defendant. Margaret J. LAVOY, Administratrix de bonis non of the Estate of Kenneth Gene Lavoy, deceased, et al., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Oregon.

June 15, 1971.


Attorney(s) appearing for the Case

Harold D. Gillis, Butler, Husk & Gleaves, Eugene, Or., for plaintiff Lila E. Binney.

Robert H. Fraser, and Joe B. Richards, Luvaas, Cobb, Richards & Fraser, Eugene, Or., for plaintiff Margaret J. Lavoy.

Sidney I. Lezak, U. S. Atty., Michael L. Morehouse, Asst. U. S. Atty., Portland, Or., for defendant.


OPINION

ALFRED T. GOODWIN, Judge:

Two federal-tort-claims actions are brought under 28 U.S.C. § 1346(b) by the widows of divers who drowned while working on a Corps of Engineers dam.

In April 1966, Hills Creek Dam, 44 miles southeast of Eugene, Oregon, was undergoing a biannual overhaul. The work required the sealing of the penstock, the intake pipe which carried water from the reservoir to the generators. A heavy bulkhead, which could be raised...

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