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McMICHAEL v. UNITED STATES

No. 83-2497.

751 F.2d 303 (1985)

Carl McMICHAEL, Administrator of the Estate of Emma McMichael, Appellee, Mrs. LaMar Bartlett, et al., Appellee, Leonard Madison, Administrator of the Estate of Lula Mae Madison, Deceased, Appellee, Gertie B. Mitchell, Administrator in Succession of Estate of Eliza Walker, Deceased, Appellee, Willie Moody, Administrator of the Estate of Geraldine Moody, Deceased, Appellee, Willie E. Kelly, Administrator of the Estate of Shirley J. Kelly, Deceased, Appellee, Billy Harrison, Administrator of the Estate of Elsie Marie Harrison, Deceased, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 2, 1985.

Rehearing and Rehearing Denied April 10, 1985.

Attorney(s) appearing for the Case

Pamela L. Wood, Justice Dept., Washington, D.C., Larry R. McCord, Asst. U.S. Atty., Fort Smith, Ark., for appellant.

Bernard Whetstone and James B. McMath, Little Rock, Ark., for appellees.

Before HEANEY, BRIGHT and JOHN R. GIBSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 10, 1985.

HEANEY, Circuit Judge.

These consolidated cases were filed against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-80. The Department of Defense hired an independent contractor, Celesco Industries, to produce explosive photoflash cartridges. The plaintiffs seek to recover for deaths and injuries caused by an explosion at the Celesco munitions plant near Camden...

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