JEFFRIES v. UNITED STATES

No. 71-1480.

477 F.2d 52 (1973)

Mickey M. JEFFRIES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 30, 1973.


Attorney(s) appearing for the Case

L. R. Bretz (argued), Bretz & Gabriel, Great Falls, Mont., for plaintiff-appellant.

Otis L. Packwood, U. S. Atty. (argued), William A. Brolin, Asst. U. S. Atty., Butte, Mont., for defendant-appellee.

Before KOELSCH and CARTER, Circuit Judges, and HARRIS, District Judge.


HARRIS, District Judge:

Jeffries brought this Federal Tort Claims Act case for injuries sustained when he was hurt in a mining accident in Montana. Following trial, the district court judge found against Jeffries and in favor of the Government. Jeffries appeals.

The facts may be summarized as follows. The Government, in the course of the construction of a dam on the Kootenai River near Libby, Montana, found it necessary to escavate some seven miles of tunnel...

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