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McKAY v. BOYD CONST. CO., INC.

No. 84-4832.

769 F.2d 1084 (1985)

Timothy A. McKAY, By and Through His Guardian and Next Friend, Thomas G. McKAY, Plaintiffs-Appellants, v. BOYD CONSTRUCTION CO., INC. and Mississippi State Highway Department, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 30, 1985.

Attorney(s) appearing for the Case

Charles P. Reiter, Milwaukee, Wis., for plaintiffs-appellants.

McCoy, Wilkins, Noblin, Anderson & Stephens, Joseph L. McCoy, Jackson, Miss., for Boyd Const. Co.

Walter E. Wood, P.O. Gibson, Jr., Asst. Atty. Gen., Miss. State Highway Com'n, Jackson, Miss., for Mississippi State Highway Dept.

Before CLARK, Chief Judge, POLITZ, and JONES, Circuit Judges.

CLARK, Chief Judge:

Plaintiff appeals the dismissal of his action. We vacate and remand.

I

Timothy McKay, a Wisconsin resident, was seriously injured at age two in 1967 when the car in which he was riding struck the abutment of a bridge on U.S. Highway No. 49 in Mississippi. The bridge had been constructed in accord with the designs and specifications prepared by the Mississippi State Highway Commission (Commission) and approved by the Federal Bureau...

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