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BUTLER v. UNITED STATES

Nos. 82-4402, 82-4475.

726 F.2d 1057 (1984)

June Mills BUTLER, et al., Plaintiffs, v. UNITED STATES of America, Defendant-Third Party Appellant, v. HANCOCK COUNTY, MS, Third Party Defendant-Appellee. Robert C. PRICE, et al., Plaintiffs-Appellants Cross-Appellees, v. UNITED STATES of America, Defendant-Third Party Plaintiff-Appellee Cross-Appellant, v. HANCOCK COUNTY, MS, Third Party Defendant-Cross-Appellee. Augusta Ida VERRETT, et al., Plaintiffs-Appellants Cross-Appellees, v. UNITED STATES of America, Defendant-Third Party Plaintiff-Appellee Cross-Appellant, v. HANCOCK COUNTY, MS, Third Party Defendant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1984.

Attorney(s) appearing for the Case

James A. Lewis, Asst. U.S. Atty., Springfield, Ill., for U.S.

White & Morse, George E. Morse, Gulfport, Miss., Gex, Gex & Phillips, Walter J. Gex, III, Bay St. Louis, Miss., for Hancock County, MS.

John L. Hunter, David O. McCormick, Pascagoula, Miss., for plaintiffs-appellants cross-appellees.

Before CLARK, Chief Judge, GARZA and JOLLY, Circuit Judges.

GARZA, Circuit Judge:

We have before us appeals and cross-appeals from the district court's judgment following a trial to the court of consolidated actions for wrongful death against the United States. Plaintiffs represent individuals who drowned in a depression located some 1,500 feet from a seawall, the depression formed by dredging operations of the Army Corps of Engineers while repairing the hurricane-damaged seawall.

Factual Background

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