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MURDOCK v. U.S.

No. 89-2303.

951 F.2d 907 (1991)

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

United States Court of Appeals, Eighth Circuit.

Decided December 18, 1991.

Rehearing Denied February 3, 1992.

Attorney(s) appearing for the Case

Denzel Busick, Grand Island, Neb., argued, for Dennis Murdock, et al.

Steve Russell, Asst. U.S. Atty., Lincoln, Neb., argued, for U.S.

Robert Grimit, Lincoln, Neb., argued, for Western Contracting.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM and LOKEN, Circuit Judges,

JOHN R. GIBSON, Circuit Judge.

Western Contracting Corporation contracted with the United States, through the Bureau of Reclamation, to build the Mirdan Canal near Burwell, Nebraska, and employed Dennis Murdock as part of its nightshift crew. On June 12, 1985, Murdock was using a hand-held mechanical dirt compactor, or "Whacker-Packer", to build soil around a concrete canal lining in a bridge abutment excavation. A portion...

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