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McNEIL v. U.S.

No. 1:94-CV-0255.

897 F.Supp. 309 (1995)

Larry McNEIL, Administrator of the Estate of Tyler Chase McNeil Deceased, and Erica McNeil Ainsworth, Plaintiffs v. UNITED STATES of America, Defendant.

United States District Court, E.D. Texas, Beaumont Division.

June 6, 1995.

Attorney(s) appearing for the Case

Curtis W. Leister, Tonahill Hile Leister & Jacobellis, Beaumont and Kenneth W. Lewis, Bush Lewis Ramsey & Roebuck, Beaumont, for plaintiffs.

O. Kenneth Dodd, Assistant U.S. Attorney, Beaumont, for defendant.

MEMORANDUM OPINION

COBB, District Judge.

Plaintiffs, Larry McNeil and Erica McNeil Ainsworth (Ainsworth), bring suit in this court pursuant to the Federal Tort Claims Act (FTCA). The suit arises out of injuries sustained by Ainsworth and her 29 month old son, Tyler Chase McNeil (McNeil), when a fire destroyed their home; McNeil died as a result of the injuries he sustained in the fire.

The Defendant now moves for summary judgment. Defendant...

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