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BLAKEY v. U.S.S. IOWA

No. 92-1156.

991 F.2d 148 (1993)

Walter Gene BLAKEY, Personal Representative of the Estate of Walter Scot Blakey, Deceased; Walter Gene Blakey; Mary Lou Blakey, individually, Plaintiffs-Appellants, v. U.S.S. IOWA; United States Navy; United States of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1993.

Attorney(s) appearing for the Case

Lawrence Patrick Nolan, Nolan, Reincke, Thomsen & Villas, P.C., Eaton Rapids, MI, argued (Edward D. Barnes, Englisby, Barnes, Hennessy & Englisby, Chesterfield, VA, on brief), for plaintiffs-appellants.

Marie Louise Hagen, Civil Div., U.S. Dept. of Justice, Washington, DC, argued, (Stuart M. Gerson, Asst. Atty. Gen., Jeffrey Axelrad, Director, Torts Branch, Civil Div., U.S. Dept. of Justice, Richard Cullen, U.S. Atty., Norfolk, VA, on brief), for defendants-appellees.

Before ERVIN, Chief Judge, WILLIAMS, Circuit Judge, and SPROUSE, Senior Circuit Judge.

OPINION

ERVIN, Chief Judge:

Walter Gene and Mary Lou Blakey appeal the district court's order dismissing their negligence action against the U.S.S. Iowa, the United States Navy, and the United States of America ("Government"), arising out of an explosion aboard the U.S.S. Iowa which killed their son Walter Scot Blakey. Walter Gene Blakey brought suit for his son's wrongful death in his capacity as personal representative for the estate of his son. In addition...

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