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McCLAIN v. PANAMA CANAL COM'N

No. 86-3514.

834 F.2d 452 (1987)

Donna McCLAIN, Mother and Personal Representative of the Deceased Minor, Ramon John Rasimowicz, Plaintiff-Appellant, v. PANAMA CANAL COMMISSION, A. U.S. Executive Agency, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 26, 1988.

Attorney(s) appearing for the Case

John G. DeRussy, New Orleans, La., David J. Kiyonaga, Jacksonville, Fla., for plaintiff-appellant.

Renee' Clark McGinty, Glenn K. Schreiber, Asst. U.S. Attys., John Volz, U.S. Atty., New Orleans, La., for defendant-appellee.

Before RANDALL, WILLIAMS, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

In this action, plaintiff-appellant Donna McClain (McClain) appeals the district court's entry of summary judgment for defendant-appellee Panama Canal Commission (Commission). McClain originally filed her personal injury damages claim with the Commission, which refused to adjudicate it on grounds that the claim was barred by limitations and was for an amount in excess of the Commission's jurisdiction...

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