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ESTATE OF BERNALDES v. UNITED STATES

No. 95-1905.

81 F.3d 428 (1996)

ESTATE OF Denny BERNALDES, Plaintiff-Appellant, v. UNITED STATES of America; 3 Unnamed Inspectors of the Mine Safety and Health Administration, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1996.

Attorney(s) appearing for the Case

ARGUED: Wilfrid Kip Wood, Coleman & Wood, P.C., Fairfax, Virginia, for Appellant. Robin Doyle Smith, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Sean J. Coleman, Coleman & Wood, P.C., Fairfax, Virginia, for Appellant. Frank W. Hunger, Assistant Attorney General, Robert P. Crouch, Jr., United States Attorney, Phyllis J. Pyles, Assistant Director, Torts Branch, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before WILKINS, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by published PER CURIAM opinion.

OPINION

PER CURIAM:

The Estate of Denny Bernaldes, a kiln burner operator who died in a fall at the mine where he worked, brings this wrongful death action against the United States pursuant to the Federal Tort Claims Act. The Estate asserts that certain Mine Safety and Health Administration (MSHA) inspectors negligently failed to discover safety violations in the mine. The district court dismissed the action...

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