RUSSELL v. UNITED STATES

No. 83-1947.

763 F.2d 786 (1985)

Karen RUSSELL, Individually and as Personal Representative of the Estate of R. Scott Russell, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 10, 1985.


Attorney(s) appearing for the Case

D. David Lambert, Howard, Lewis & Petersen, Provo, Utah (Jackson Howard with him on the brief), for plaintiff-appellant.

Frederic Freilicher, Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Civil Div., John J. Powers, Dept. of Justice, Washington, D.C., and Brent D. Ward, U.S. Atty., Salt Lake City, Utah, with him on the brief), for defendant-appellee.

Before BARRETT, McWILLIAMS and LOGAN, Circuit Judges.


PER CURIAM.

Plaintiff Karen Russell, individually and as personal representative of the Estate of R. Scott Russell, deceased, brought this action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. The complaint alleged that employees of the Mine Safety and Health Administration of the Department of Labor were negligent in their inspections of a Utah coal mine and that this negligence was the proximate cause...

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