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WATERS v. UNITED STATES

No. 71-1460.

458 F.2d 20 (1972)

Lawrence WATERS by His Next Friend, Jerry Waters, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

March 27, 1972.

Attorney(s) appearing for the Case

E. W. Brockman, Brockman, Brockman & Gunti, Pine Bluff, Ark., for plaintiff-appellant.

Michael H. Stein, Atty., Dept. of Justice, Civ. Div., Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., W. H. Dillahunty, U. S. Atty., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before BREITENSTEIN, BRIGHT, and STEPHENSON, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2674, to recover for personal injuries. The district court held that the remedy under the Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq., was exclusive and dismissed the action, 328 F.Supp. 812.

The accident occurred at the Pine Bluff Arsenal, a federal installation in Arkansas...

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