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BUFFINGTON v. U.S. (DEPT. OF ARMY-CORPS OF ENG.)

No. 2:91-CV-319.

820 F.Supp. 333 (1992)

Gary BUFFINGTON, Personal Representative of the Estate of Kurt A. Buffington, Deceased, Plaintiff, v. UNITED STATES of America (DEPARTMENT OF the ARMY—CORPS OF ENGINEERS), Defendant.

United States District Court, W.D. Michigan, S.D.

November 20, 1992.

Attorney(s) appearing for the Case

Steven L. Barney, Plunkett & Cooney, P.C., Petoskey, MI, for plaintiffs.

Stuart M. Gerson, U.S. Dept. of Justice, Civ. Div., Federal Programs Branch, Stephen C. Bransdorfer, Sarah Lenz Lock, U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, DC, and Glenda G. Gordon, Asst. U.S. Atty. and John A. Smietanka, U.S. Atty., Marquette, MI, for defendant.

OPINION GRANTING UNITED STATES' MOTION TO DISMISS

HILLMAN, Senior District Judge.

On October 4, 1988, high winds and waves from Lake Superior crashed against a breakwater ("pier") operated by the United States Department of Army, Corps of Engineers1 causing, according to plaintiff, unnatural and violent currents in the immediate vicinity.

On this day a young college student was on the pier watching the waves crash...

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