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LUNSFORD v. PRICE

No. 88-4601.

885 F.2d 236 (1989)

Jerry W. LUNSFORD, Patricia Duncan, as Surviving Spouse and Administratrix of Ricky Duncan, Deceased; Betty Jean Kirk, as Surviving Spouse and Administratrix of Phillip Kirk, Deceased, et al., Plaintiffs-Appellants, v. Milton PRICE, William Roper, Carl Hale, David Graves, Donald Freezell, Jimmy D. Conrad, Stennis Young and Charles Morgan, Tennessee Valley Authority, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 22, 1989.

Attorney(s) appearing for the Case

Timothy P. Donahue, Birmingham, Emond & Vines, Birmingham, Alabama, for plaintiffs-appellants.

James E. Fox, Deputy General Counsel, Edwin W. Small, Asst. Gen. Counsel, Clay S. Davis, Jr., Tennessee Valley Authority, Knoxville, Tenn., for defendants-appellees.

Before RUBIN, KING and GARWOOD, Circuit Judges.

KING, Circuit Judge:

Plaintiffs-appellants appeal from the district court's grant of summary judgment to defendants on plaintiffs' claims of negligence in relation to an on-the-job blasting accident. We grant defendants' motion to substitute the Tennessee Valley Authority as the defendant pursuant to the Federal Employees Liability Reform and Tort Compensation Act and hold that the Tennessee Valley Authority is immune from suit because of the exclusive remedy provision...

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