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MACEY v. UNITED STATES

No. A75-212 Civil.

454 F.Supp. 684 (1978)

Lana Irene MACEY, Personal Representative of the Estate of Robert Lee Smith, III, Deceased, and Lana Irene Macey and Robert Lee Smith, Jr., as parents of Robert Lee Smith, III, Plaintiffs, v. UNITED STATES of America and Felton Construction Company, Defendants.

United States District Court, D. Alaska.

June 29, 1978.

Attorney(s) appearing for the Case

Warren C. Colver, Anchorage, Alaska, for plaintiffs.

Paul Waggoner, of Biss & Holmes, Anchorage, Alaska, for Felton Construction Co.

Alexander Bryner, U.S. Atty., for Alaska, Anchorage, Alaska, for United States.

MEMORANDUM AND ORDER

von der HEYDT, Chief Judge.

THIS CAUSE comes before the court on cross-motions "to establish the law of the case," Felton's motion to reconsider, and plaintiffs' motion to publish depositions.

This action was brought to recover damages for the death of Robert Lee Smith III. The factual basis for the action involves the drowning of Smith, age four years, in a partially waterfilled ditch excavated by Felton Construction Company...

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