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COLLINS v. UNITED STATES

No. 78-3125.

621 F.2d 832 (1980)

A. T. COLLINS et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 22, 1980.

Attorney(s) appearing for the Case

Charles A. Williams, Williams, Housman & Sparks, Paducah, Ky., for plaintiffs-appellants.

Patrick H. Molloy, U. S. Atty., Lexington, Ky., James P. Klapps, Asst. Chief, Torts Section Civil Div., U. S. Dept. of Justice, Washington, D. C., I. Avrum Fingeret, Asst. Sol., U. S. Dept. of Interior, Arlington, Va., Wm. Kanter, Neil H. Koslowe, John F. Cordes, Dept. of Justice, Civil Div., App. Section, Washington, D. C., for U. S.

Before CELEBREZZE and BROWN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

HARRY PHILLIPS, Senior Circuit Judge.

This action grows out of a tragic explosion in a coal mine near Hyden, Leslie County, Kentucky, on December 30, 1970. Suit for money damages was filed against the United States by appellant A. T. Collins, who was injured in the explosion, and by the personal representatives of 25 coal miners who were killed in the disaster.

Jurisdiction was asserted under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671...

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