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MADISON v. UNITED STATES

Nos. 81-1980, 81-2000.

679 F.2d 736 (1982)

Leonard MADISON, Administrator of the Estate of Lula Mae Madison, Deceased, Appellant, Oscar Walker, Administrator of the Estate of Eliza Walker, Deceased, Appellant, Willie H. Moody, Administrator of the Estate of Geraldine Moody, Deceased, Appellant, Willie D. Kelly, Administrator of the Estate of Shirley J. Kelly, Deceased, Appellant, v. UNITED STATES of America, Appellee. Carl McMICHAEL, Administrator of the Estate of Emma McMichael, Deceased, Appellant, Mrs. Lamar Bartlett; Mr. Winfred Lowe, Administrator of the Estate of Mrs. Thelma Lowe, Deceased; Mrs. Edna Rogers; Mrs. Flora Weaver; and Mrs. Georgia Ray, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1982.

Rehearing Denied August 5, 1982.

Attorney(s) appearing for the Case

McMath & Leatherman, P. A. by James Bruce McMath, Little Rock, Ark., for appellants McMichael et al.

Whetstone & Whetstone by Bernard Whetstone, Little Rock, Ark., for appellant Madison.

Larry R. McCord, U. S. Atty., Floyd Clardy, Sp. Asst. U. S. Atty., Fort Smith, Ark., for appellee.

Before HEANEY, BRIGHT and HENLEY, Circuit Judges.

HEANEY, Circuit Judge.

These consolidated cases were filed individually against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-2678, 2680. The plaintiffs seek damages for injuries and deaths caused by an explosion near Camden, Arkansas, on March 8, 1976. The explosion occurred at a plant where Celesco Industries, Inc., an independent contractor, was producing ammunition pursuant to a contract with the United States. The...

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