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MURDOCK v. EMPLOYERS INS. OF WAUSAU

No. 89-2303.

917 F.2d 1065 (1990)

Dennis MURDOCK and Sharon Murdock, for themselves and as parents and next friends of their minor child, Shawn M. Murdock, Appellants, v. EMPLOYERS INSURANCE OF WAUSAU, a Corporation, v. UNITED STATES of America, Appellee, Western Contracting Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 24, 1990.

Attorney(s) appearing for the Case

Denzel R. Busick, Grand Island, Neb., for appellants.

Steven A. Russell, Lincoln and Robert Grimit, Lincoln, Neb., for appellee.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

HEANEY, Senior Circuit Judge.

Dennis Murdock was injured when a section of the Mirdan Canal collapsed upon him while he was working in an excavation adjacent to the canal. Murdock was employed by Western Contracting (Western) with whom the United States contracted to build the canal. Murdock and his family brought suit against the United States to recover damages, asserting that the United States — on notice that a hazardous situation existed — was negligent...

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