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IZARD v. U.S.

No. 89-6211.

946 F.2d 1492 (1991)

Margie IZARD, as personal representative of the Estate of Roger Keith Gillin, and as guardian of Ryan Keith Gillin, a minor, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 11, 1991.

Attorney(s) appearing for the Case

Elizabeth Bradford Dunning of Holloway, Dobson, Hudson & Bachman, Oklahoma City, Okl. (Gary C. Bachman and John D. Sullivan on the brief), for plaintiff-appellant.

Vicki Zemp Behenna, Asst. U.S. Atty., W.D. Oklahoma (Robert E. Mydans, U.S. Atty., and Robert A. Bradford, Asst. U.S. Atty., W.D. Oklahoma, with her on the brief), for defendant-appellee.

Before McKAY, Chief Judge, LOGAN and ANDERSON, Circuit Judges.

McKAY, Chief Judge.

Plaintiff Margie Izard, as personal representative of the estate of Roger Keith Gillin (decedent) and as guardian of Ryan Keith Gillin, a minor child of decedent, brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-80 (FTCA), against the United States. The sole issue presented on appeal is whether the United States was decedent's statutory employer under the Oklahoma Workers' Compensation Act, Okla.Stat. tit. 85 ...

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