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DAVIS v. UNITED STATES

No. 75-1691.

536 F.2d 758 (1976)

Paul DAVIS, Jr., Administrator of the Estate of Richard Davis, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1976.

Attorney(s) appearing for the Case

Kenneth Cobb, Nelson, Harding, Marchetti, Leonard & Tate, Lincoln, Neb., made argument and filed brief for appellant.

Neil H. Koslowe, Atty., Dept. of Justice, App. Section, Civ. Div., Washington, D. C. (argued), William Kanter and Michael H. Stein, Attys., App. Section, Civ. Div., Dept. of Justice, Washington, D. C., for appellees; Rex E. Lee, Asst. Atty. Gen., and Daniel E. Wherry, U. S. Atty., Omaha, Neb., on brief.

Before WEBSTER and HENLEY, Circuit Judges, and TALBOT SMITH, Senior District Judge.

PER CURIAM.

Appellant herein and plaintiff below, Paul Davis, Jr., Administrator of the Estate of Richard Davis, Deceased, appeals from the dismissal of his suit brought in the District of Nebraska against the United States under the Tort Claims Act, 28 U.S.C. § 1346, for the decedent's wrongful death. Decedent was killed on June 28, 1972 at a construction site when the sides of a trench in which he was working caved...

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