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LIVINGSTON v. UNITED STATES

No. 79-1877.

627 F.2d 165 (1980)

Jane O. LIVINGSTON, Administratrix of the Estate of Haldon C. Livingston, Deceased, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1980.

Attorney(s) appearing for the Case

Marc Richman, Atty., App. Staff, Civil Division, Dept. of Justice, Washington, D. C., argued, Alice Daniel, Asst. Atty. Gen., Washington, D. C., Larry R. McCord, U. S. Atty., Fort Smith, Ark., Leonard Schaitman, Marc Richman, Thomas L. Jones and Thomas W. Snook, Washington, D. C., on brief, for appellant.

Sidney S. McMath, Little Rock, Ark., argued, Sidney S. McMath, Little Rock, Ark., and Irene J. Barnes, Washington, D. C., on brief, for appellee.

Before LAY, Chief Judge, and BRIGHT and HENLEY, Circuit Judges.

BRIGHT, Circuit Judge.

The United States brings this appeal from a judgment of the district court, sitting in admiralty. The district court found the United States eighty percent responsible for a boating accident that resulted in the death of Haldon Livingston, and it awarded damages of $192,800 to Livingston's estate. On appeal, the United States argues chiefly that the district court lacked admiralty jurisdiction because the accident occurred on waters that, though...

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