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KILBY v. U.S.

No. CIV. A. 99-278 ERIE.

145 F.Supp.2d 666 (2001)

Donald J. KILBY and Joann Kilby, his wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W.D. Pennsylvania.

May 2, 2001.

Attorney(s) appearing for the Case

James D. McDonald, McDonald Group, Erie, PA, for plaintiffs.

Jessica Lieber Smolar, U.S. Attorney's Office, Pittsburgh, PA, for defendant.

MEMORANDUM OPINION

McLAUGHLIN, District Judge.

Plaintiffs commenced this lawsuit after Donald J. Kilby was struck by a dead tree and consequently rendered a paraplegic while removing trees from the Bradford Ranger District of the Allegheny National Forest under a contract with the United States Forest Service ("Forest Service"). On April 28, 2000, this Court dismissed Plaintiff Joann Kilby's loss of consortium...

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