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WIGGINS v. U.S. THROUGH DEPT. OF ARMY

No. 85-3700.

799 F.2d 962 (1986)

Agnes WIGGINS, Plaintiff-Appellant, v. UNITED STATES of America, Through the DEPARTMENT OF the ARMY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 12, 1986.

Attorney(s) appearing for the Case

Victor L. Marcello, Donaldsonville, La., for plaintiff-appellant.

Irving A. Pianin, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before CHARLES CLARK, Chief Judge, and JERRE S. WILLIAMS and PATRICK E. HIGGINBOTHAM, Circuit Judges.

OPINION

JERRE S. WILLIAMS, Circuit Judge.

Appellant, Agnes Wiggins, sues for recovery of damages from the United States under the Suits in Admiralty Act, 46 U.S.C. § 741 et seq., (SAA) for the death of her husband in a boat accident. The district court granted summary judgment in favor of the government, holding that the Army Corps of Engineers' decision not to clear from the lake the obstruction which caused the accident was a discretionary...

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