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PORTIS v. FOLK CONST. CO., INC.

No. 81-2399.

694 F.2d 520 (1982)

D.F. PORTIS, Guardian of Daniel F. Portis, III, and Mik'l Portis, Incompetents, Danette P. Watkins; Julanne P. Ingram; H.E. Richardson; Ted Thomas; Eddie Thomas; J.C. Portis; Portis Planting Company, Inc.; Stanley Jones; James Lea; JJ & J, Inc., Sam Gossage; Donald Gossage; M.G. Smith; Thomas B. Goldsby, Jr.; J.D. Fletcher, C.C. Eason and Jimmy Fletcher; Glen Pratt; James Couch; C.C. Couch; Pete Killough; Roy Key and Lola Key, husband and wife; Charles W. Brickell and Dairl Anderson; Edgar Stephens; J.F. Young; Lou Bertha Quinn, as Executrix of the Estate of William Hallock Quinn, Deceased; Hoyle Wells; Merchantile Bank of Jonesboro, Arkansas, as Executor of the Estate of E.V. Hersperger; Fred Jeffers; A.A. Dunkerson; Larry Henry; Pete Woodsmall; R.B. Holthouse; R.E. Holiman; H.C. Bradford, Jr. and Bill Morgan, Appellants, v. FOLK CONSTRUCTION COMPANY, INC. and United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1982.

Attorney(s) appearing for the Case

Holt, Batchelor, Spicer & Ryan, Joe D. Spicer (argued), Memphis, Tenn., Reid, Burge & Prevallet, Blytheville, Ark., George W. Proctor, U.S. Atty. by Walter G. Riddick, Asst. U.S. Atty. (argued), Little Rock, Ark., for appellees.

Friday, Eldredge & Clark, Little Rock, Ark., Thompson, Paddock & Llewellyn, Bill Thompson (argued), Fort Smith, Ark., for appellants.

Before HEANEY, Circuit Judge, MILLER, Judge, and COLLINSON, Senior District Judge.

COLLINSON, Senior District Judge.

The plaintiffs-appellants appeal from summary judgments entered by the District Court1 for each of the defendants, Folk Construction Company, Inc. (hereinafter referred to as "Folk") and the United States of America. We affirm.

This case arises out of the construction of the St. Francis Lake Control Structure in Drainage District No. 7, Poinsett County, Arkansas. The appellants are the owners and...

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