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CARROLL v. UNITED STATES

Civ. No. 77-2060.

488 F.Supp. 757 (1980)

Michael A. CARROLL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Idaho.

April 11, 1980.

Attorney(s) appearing for the Case

Thomas A. Mitchell, Coeur d'Alene, Idaho and Richard G. Magnuson, Wallace, Idaho, for plaintiff.

Alice Daniel, Acting Asst. Atty. Gen., James P. Klapps, Charles E. Mandolia and Dorothea A. Beane, Trial Attys., Civil Div., U. S. Dept. of Justice, Washington, D. C., U. S. Atty. Marvin Karl Shurtliff, Boise, Idaho, for defendant.

MEMORANDUM AND ORDER

McNICHOLS, Chief Judge.

Plaintiff brings this action for personal injuries against the United States pursuant to the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671, et seq. He alleges that while employed by an underground mining company he was injured when machinery owned and operated by the mining company malfunctioned. Plaintiff contends that the United States is liable for his injuries because...

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