RAYMER v. UNITED STATES

Civ. A. No. 76-0119-0(B).

455 F.Supp. 165 (1978)

Gwynith RAYMER, Administratrix of the Estate of Ronald Latney Raymer, Deceased, Plaintiff, v. UNITED STATES of America, Defendant. Marilyn GILL, Administratrix of the Estate of David R. Gill, Deceased, Intervening Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Kentucky, Owensboro Division.

June 22, 1978.


Attorney(s) appearing for the Case

Harold M. Streets, Greenville, Ky., Charles A. Williams, Paducah, Ky., William P. Hurley, Jr., Edward Ewen, Jr., Louisville, Ky., Damon Vaughn, Henderson, Ky., for plaintiffs.

James P. Klapps, Asst. Chief, Torts Section, U. S. Dept. of Justice, Washington, D. C., Albert Jones, U. S. Atty., W. D. Ky., Louisville, Ky., for defendant.


ORDER AND MEMORANDUM OPINION

BALLANTINE, District Judge.

This matter is pending on the motion of the United States for summary judgment.

Plaintiffs' decedents were killed when the vehicle in which they were riding overturned. It is alleged, and for the purposes here it will be assumed, that the vehicle failed to meet the safety standards required by the Federal Coal Mine Health and Safety Act, that the roadway on which the accident occurred failed...

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