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BACON v. UNITED STATES

No. 86-1853.

810 F.2d 827 (1987)

Donald M. BACON; Judith G. Bacon; Harold L. German; Patricia R. German; Clyde Gabbert; Melba J. Gabbert; and Jim Parker, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 6, 1987.

Attorney(s) appearing for the Case

Jerome Wallach, St. Louis, Mo., for appellants.

Joan M. Bernott, Washington, D.C., for appellee.

Before ARNOLD, JOHN R. GIBSON and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

Donald M. Bacon, et al. (appellants) brought this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680, to recover for injuries allegedly suffered from exposure to dioxin while repairing roadways pursuant to federal block grant funding, in Times Beach, Missouri. The district court1 entered summary judgment2 in favor of the defendants, based on

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