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BATES v. UNITED STATES

No. 82-1381.

701 F.2d 737 (1983)

Marjorie BATES, Appellant, v. UNITED STATES of America, Appellee. Juanita Ann DECKARD, et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1983.

Attorney(s) appearing for the Case

Karl Zobrist, David R. Erickson, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for Marjorie Bates.

David E. Wilhite, Lebanon, Mo., for Juanita Deckard.

Dan L. Birdsong, Routh, Thomas, Birdsong & Hutton, Rolla, Mo., J. Max Price, Salem, Mo., for Leroy Arlo Bates and Mr. and Mrs. James Hawkins.

Darrell Deputy, Jr., Lebanon, Mo., for Mr. and Mrs. Hershel Needham.

Robert G. Ulrich, U.S. Atty., Kenneth Josephson, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before ROSS and FAGG, Circuit Judges, and WATERS, District Judge.

H. FRANKLIN WATERS, District Judge.

These are actions brought by several plaintiffs against the United States of America under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., resulting from the murder of three young persons and the serious injury of another by a military policeman at Fort Leonard Wood, Missouri, military base. The parties entered into stipulations of fact and filed cross-motions for summary judgment, and the district...

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