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CUMMINGS v. UNITED STATES

No. CV 76-53-GF.

449 F.Supp. 40 (1978)

James N. CUMMINGS, Louise C. Cummings, and Jimmie L. Cummings, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Montana, Great Falls Division.

April 12, 1978.

Attorney(s) appearing for the Case

Jack R. Harper, Smith & Harper, Helena, Mont., for plaintiffs.

Lorraine D. Gallinger, Asst. U.S. Atty., Butte, Mont., for defendant.

OPINION

RUSSELL E. SMITH, Chief Judge.

A motion for summary judgment against the claimants has been granted in this federal tort claims case. This opinion states the reasons.

A claim on Form 95 was filed with the Department of the Air Force stating that the defendant negligently had exposed the plaintiffs to radiation emanating from the United States Air Force Weapons Laboratory near Cascade, Montana. The claim, filed in November 1974, asked for...

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