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GABRIEL v. U.S.

No. 93-3659.

30 F.3d 75 (1994)

Richard W. GABRIEL, Plaintiff-Appellant, v. UNITED STATES of America and United States of America, Department of the Army, Corps of Engineers, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1994.

Rehearing and Suggestion for Rehearing Denied August 30, 1994.

Attorney(s) appearing for the Case

Richard L. Rumsey, Anesi, Ozmon & Rodin, Chicago, IL (argued), for plaintiff-appellant.

Gerard A. Brost, Office of the U.S. Atty., Peoria, IL (argued), James A. Lewis, Asst. U.S. Atty., Springfield, IL, for defendants-appellees.

Before CUMMINGS and RIPPLE, Circuit Judges, and TINDER, District Judge.

Rehearing and Suggestion for Rehearing In Banc Denied August 30, 1994.

CUMMINGS, Circuit Judge.

On July 23, 1992, plaintiff Richard W. Gabriel filed a two-count complaint against the United States and its Army Corps of Engineers pursuant to the Federal Tort Claims Act (28 U.S.C. § 2671 et seq.) seeking $350,000 in damages for personal injuries. The suit was based on the Illinois Structural Work Act (740 ILCS 150/0.01 et seq.) and negligence...

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