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PERKINS v. U.S.

No. 94-1573.

55 F.3d 910 (1995)

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

United States Court of Appeals, Fourth Circuit.

Decided April 18, 1995.

Attorney(s) appearing for the Case

ARGUED: Isaac Norris Kantor, Sr., Katz, Kantor & Perkins, Bluefield, WV, for appellant. Donald Lee Stennett, Asst. U.S. Atty., Charleston, WV, for appellee. ON BRIEF: Rebecca A. Betts, U.S. Atty., Stephen M. Horn, Asst. U.S. Atty., Charleston, WV, for appellee.

Before MICHAEL and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Susie Myers Perkins appeals from the dismissal of her wrongful death action, brought under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (FTCA). We affirm.

I

John D. Perkins died on July 21, 1991, of asphyxiation due to oxygen deficient air, in the portal of...

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