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PERKINS v. U.S.

Civ. A. No. 1:92-1176.

848 F.Supp. 1236 (1994)

Susie Myers PERKINS, Administratrix of the Estate of John David Perkins, Jr., Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. West Virginia, Bluefield Division.

April 7, 1994.

Attorney(s) appearing for the Case

Norris Kantor, Bluefield, WV, for plaintiff.

Stephen Horn, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

FABER, District Judge.

This civil action was filed under the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq., (FTCA). The plaintiff seeks damages for the alleged wrongful death of her husband, John D. Perkins ("Perkins"), who was asphyxiated during the early morning hours of July 21 or 22, 1991, at the Double E Mining No. 1 Mine, Coal Mountain, Wyoming County, West Virginia.

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