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BOYD v. U.S. EX REL. U.S. ARMY CORPS OF ENGINEERS

No. 85-93-C.

631 F.Supp. 814 (1986)

Emily Moody BOYD, Administratrix of the Estate of Clyde Alva Boyd, III, and Emily Moody Boyd, Individually, Plaintiff, v. The UNITED STATES of America, ex rel. the UNITED STATES ARMY CORPS OF ENGINEERS, Defendant.

United States District Court, E.D. Oklahoma.

January 6, 1986.

Attorney(s) appearing for the Case

Harry Scoufos, Salisaw, Okl., Glen D. Johnson, Okemah, Okl., for plaintiff.

Ralph F. Keen, Asst. U.S. Atty., Muskogee, Okl., Douglas B. Ruddle, Dist. Counsel, Tulsa, Okl., for defendant.

ORDER

H. DALE COOK, Chief Judge.

Now before the Court for its consideration is the motion of the United States of America (United States) to dismiss for failure to state a claim for which relief can be granted, for the reason that plaintiff's action is barred by the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a), and for the further reason that plaintiff's complaint is barred by the Oklahoma Recreational Use Statute...

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