McMICHAEL v. U.S.

Nos. 87-1634 to 87-1640 and 87-1707.

856 F.2d 1026 (1988)

Carl McMICHAEL, Administrator of the Estate of Emma McMichael, Deceased, Appellee, v. UNITED STATES of America, Appellant, Insurance Company of North America (Intervenor Below). Mrs. Lamar BARTLETT; Winfred Lowe, Administrator of the Estate of Thelma Lowe; Mrs. Edna Rogers; Mrs. Flora Weaver; and Mrs. Georgia Ray, Appellees, v. UNITED STATES of America, Appellant, Insurance Company of North America (Intervenor Below). Leonard MADISON, Administrator of the Estate of Lula Mae Madison, Deceased, Appellee, v. UNITED STATES of America, Appellant, Insurance Company of North America (Intervenor Below). Gertie B. MITCHELL, Administratrix In Succession of the Estate of Eliza Walker, Deceased, Appellee, v. UNITED STATES of America, Appellant, Insurance Company of North America (Intervenor Below). Billy Dwayne MOODY, Administrator of the Estate of Geraldine Moody, Deceased, Appellee, v. UNITED STATES of America, Appellant, Insurance Company of North America (Intervenor Below). Willie D. KELLY, Administrator of the Estate of Shirley J. Kelly, Deceased, Appellee, v. UNITED STATES of America, Appellant, Insurance Company of North America (Intervenor Below). Billy HARRISON, Administrator of the Estate of Elsie Marie Harrison, Deceased, Appellee, v. UNITED STATES of America, Appellant. James STANCILE, Administrator of the Estate of Lula Mae Madison, Deceased, Appellant, Gertie B. Mitchell, Administratrix In Succession of the Estate of Eliza Walker, Deceased, Appellant, Willia H. Moody, Administrator of the Estate of Geraldine Moody, Deceased, Appellant, Willie D. Kelly, Administrator of the Estate of Shirley J. Kelly, Deceased, Appellant, v. UNITED STATES of America, Appellee, Highland Resources, Inc., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 25, 1988.


Attorney(s) appearing for the Case

Ralph Johnson, Washington, D.C., for U.S.

Bettina Brownstein, Little Rock, Ark., for Highland.

Bernard Whetstone, Little Rock, Ark., for Mitchell, Moody, Kelly & Stancile.

James Bruce McMath, Little Rock, Ark., for McMichael, Bartlett, Madison and Harrison.

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

The United States Department of Defense contracted with Celesco Industries, Inc., an independent contractor, to produce explosive photo-flash cartridges. On March 8, 1976, an explosion occurred at the Celesco plant in East Camden, Arkansas, killing seven employees, seriously injuring five, and causing minor injuries to numerous others. Consolidated cases were filed against the United States under the Federal Tort Claims Act (FTCA), 28...

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