FLEMING v. U.S.

No. 2:98CV00215.

69 F.Supp.2d 837 (1999)

Robert Kevin FLEMING, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

September 28, 1999.


Attorney(s) appearing for the Case

Lori Dawn Thompson, Gentry, Locke, Rakes & Moore, Roanoke, VA, Thomas Ralph Scott, Jr., Street, Street, Street, Scott & Bowman, Grundy, VA, Simon Delano Roberts Moore, Leisa Kube Ciaffone, Gentry, Locke, Rakes & Moore, Roanoke, VA, for Plaintiffs.

Phyllis J. Pyles, Somesha Ferdinand, U.S. Dept. of Justice, Torts Branch, Civil Div., Washington, DC, for U.S.


OPINION AND ORDER

JONES, District Judge.

The plaintiffs in these actions under the Federal Tort Claims Act contend that a federal agency failed to adequately inspect an underground coal mine and enforce federal mine safety laws, leading to a disastrous mine explosion. The government has moved to dismiss on the grounds that the acts complained of were matters of governmental discretion over which the court has no jurisdiction and because the plaintiffs' suit...

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