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KENNEDY v. TEXAS UTILITIES

No. 98-10685.

179 F.3d 258 (1999)

Janice Lynn KENNEDY, Plaintiff-Appellant, v. TEXAS UTILITIES, a Texas company; City of Grand Prairie, Texas, and United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 21, 1999.

Attorney(s) appearing for the Case

Kent Frank Brooks, Dallas, TX, for Plaintiff-Appellant.

Jeffrey S. McFall, Cantey & Hanger, Estil A. Vance, Jr., Fort Worth, TX, for Texas Utilities.

Daniel L. Bates, Decker, Jones, McMackin, McClane, Hall & Bates, Fort Worth, TX, for City of Grand Prairie, TX.

William J. Anderson, Fort Worth, TX, for U.S.

Before REAVLEY, JOLLY and EMILIO M. GARZA, Circuit Judges.

REAVLEY, Circuit Judge:

In this personal injury suit, the district court granted summary judgment in favor of the United States, finding it immune from suit under the immunity provision of the Flood Control Act of 1928,1 and remanded the remaining state law claims to state court. We reverse.

BACKGROUND

Plaintiff Janice Kennedy was injured at Lynn Creek Park when she stepped on a live electrical cable on or about August...

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