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LUNSFORD v. UNITED STATES

No. CIV 75-5031.

418 F.Supp. 1045 (1976)

Agnes LUNSFORD, as special administratrix mf the Estates of Theophil Gall and Alice H. Gall, Deceased, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, W. D.

August 30, 1976.

Attorney(s) appearing for the Case

Horace R. Jackson, of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, S. D., and Sam W. Masten, Canton, S. D., for plaintiffs.

William F. Clayton, U. S. Dist. Atty., D. S. D., Sioux Falls, S. D., Thomas J. Whalen and Lawrence Mentz, of Condon & Forsyth, New York City, and J. Charles Kruse, Dept. of justice, Washington, D. C., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This Federal Tort Claims action arises from the disastrous flood which occurred in Rapid City, South Dakota, on June 9, 1972, resulting in 238 deaths. The plaintiffs seek to assert claims on behalf of themselves and a class of unnamed persons who suffered personal injury and property damage as a result of the flood. Presently pending before the court are the following motions:

1. Defendant's motion to dismiss...

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