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TEW v. U.S.

No. 95-7050.

86 F.3d 1003 (1996)

Betty TEW, individually; Betty Tew and Dennis Shook as copersonal representatives of the estate of Robert Garriett Tew, deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 17, 1996.

Attorney(s) appearing for the Case

Steven N. Moran (Gregory G. Meier with him on the briefs), of Jones, Givens, Gotcher & Bogan, Tulsa, Oklahoma, for Plaintiff-Appellant.

Matthew A. Connelly, Trial Attorney, U.S. Department of Justice, Washington, DC, for Defendant-Appellee.

Before SEYMOUR, Chief Judge, PORFILIO and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Background

On June 6, 1992, Robert Tew drowned in the Illinois River when his raft capsized after passing over an underwater structure near Tahlequah, Oklahoma. The structure was a roadway and low-water dam constructed by a private citizen without governmental approval. The Department of the Army Corps of Engineers ("Corps") was aware of the structure, but neither it nor the United States Coast Guard ("Coast Guard") had placed any signs...

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