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PATE v. OAKWOOD MOBILE HOMES, INC.

No. 03-13484.

374 F.3d 1081 (2004)

Thomas C. PATE, Nellie Pate, Plaintiffs-Appellees, v. OAKWOOD MOBILE HOMES, INC., et al., Defendants, United States of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 25, 2004.

Attorney(s) appearing for the Case

Dana J. Martin, Mark B. Stern, Washington, DC, for U.S.

Marc T. Treadwell, Chambless, Higdon & Carson, Macon, GA, for the Pates.

Before BARKETT and KRAVITCH, Circuit Judges, and FORRESTER, District Judge.

BARKETT, Circuit Judge:

The United States appeals a judgment awarding damages to Thomas Pate ("Pate")1 against the Occupational Safety and Health Administration ("OSHA") pursuant to the Federal Tort Claims Act ("FTCA") for injuries Pate suffered as a result of unsafe work conditions at his work site. The United States challenges the district court's legal conclusion that OSHA's negligence in this case creates a cognizable claim under the...

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