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HIGGINS v. MARTIN MARIETTA CORP.

Nos. 82-2073 to 82-2081.

752 F.2d 492 (1985)

Deon HIGGINS, Nelson Schock, James Higgins, Howard Higgins, Jerry Higgins, and Michele Higgins, Plaintiffs-Appellants, v. MARTIN MARIETTA CORPORATION and The United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 9, 1985.

Attorney(s) appearing for the Case

Roger M. Theis and John W. Johnson, Wichita, Kan. (Albert L. Kamas, Wichita, Kan., also on briefs), for plaintiffs-appellants.

Phyllis Jackson Pyles, U.S. Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., and Jeffrey Axelrad, U.S. Dept. of Justice, Washington, D.C., Jim J. Marquez, U.S. Atty., and Sharon Werner, Asst. U.S. Atty., Wichita, Kan., also on brief), for defendant-appellee U.S.

Payne H. Ratner, Jr., Wichita, Kan. (E.L. Lee Kinch, Wichita, Kan., also on brief), for defendant-appellee Martin Marietta Corp.

Before BARRETT and LOGAN, Circuit Judges, and FINESILVER, District Judge.

SHERMAN G. FINESILVER, District Judge.

This personal injury case arose from an accident occurring at a Titan II missile silo near Rock, Kansas on August 24, 1978. Plaintiffs filed suit against the Defendant United States of America under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), §§ 2671, et seq. They alleged personal injury resulting from the government's negligence at the silo on the day of...

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