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KOHL v. UNITED STATES

Nos. 82-1371, 82-1381.

712 F.2d 286 (1983)

Melba J. KOHL, Individually and as Special Administrator of the Estate of Thomas H. Schlatter, Deceased, Betty E. Doty, Individually and as Special Administratrix of the Estate of Charles Edward Doty, Deceased, and Linda Winters, Individually and as Special Administratrix for the Estate of Terry Lee Winters, Deceased, Plaintiffs-Appellants, v. UNITED STATES of America and Corps of Engineers of the United States Army, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1983.

Attorney(s) appearing for the Case

Bernard R. Nevoral, Robert B. Patterson, Chicago, for plaintiffs-appellants.

David V. Hutchinson, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before PELL and CUDAHY, Circuit Judges, and JAMESON, Senior District Judge.

PELL, Circuit Judge.

This lawsuit stems from the unfortunate drowning of three fishermen near Lock and Dam 13 (LD13) on the Mississippi River. Plaintiffs filed under the Suits in Admiralty Act, 46 U.S.C. § 741-52, claiming that the accident was the result of inadequate warnings posted in and around LD13 and misconduct by dam employees, who allegedly opened the dam gates in an attempt to wash decedents downstream. The...

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