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GUNNELLS v. UNITED STATES

Civ. A. No. 75-0026-H.

514 F.Supp. 754 (1981)

David Daniel GUNNELLS, Administrator of the personal estates of David Daniel Gunnells, Jr., Martha Elizabeth Gunnells and Jessie Gunnells, Deceased; Drema Gail nee Crowder Hopson, Administratrix of the estates of Nancy Ann Hopson and Angela Jean Hopson, Deceased; Drema Gail nee Crowder Hopson, Dannie Hopson and David Daniel Gunnells, Individually, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, S. D. West Virginia, Huntington Division.

March 31, 1981.

Attorney(s) appearing for the Case

Glyn Dial Ellis, Logan, W. Va., for plaintiffs.

James S. Arnold, Charleston, W. Va., for defendant.

MEMORANDUM ORDER

STAKER, District Judge.

This action is presently before this court on plaintiffs' motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and defendant's motion to dismiss, pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.

The claims of the plaintiffs herein arise out of the Buffalo Creek flood disaster of February 26, 1972, in Logan County, West Virginia. Plaintiffs...

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