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McMELLON v. U.S.

No. 3:00 CV 0582.

395 F.Supp.2d 422 (2005)

Carrie A. MCMELLON, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, S.D. West Virginia. Huntington Division.

October 18, 2005.

Attorney(s) appearing for the Case

Todd M. Powers, Schroeder Maundrell Barbiere & Powers, Cincinnati, OH, for Plaintiffs.

Charles T. Miller, Michael L. Keller, Rebecca A. Betts, Stephen M. Horn, U.S. Attorney's Office, Charleston, WV, David W. Ogden, Assistant Attorney General of the United States, Stephen R. Campbell, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

I. Factual and Procedural Background

On August 5, 1999, plaintiffs were injured when their personal water crafts went over the Robert C. Byrd Locks and Dam on the Ohio river. The dam is operated by the United States Army Corps of Engineers (Corps) and is owned by the United States. Although unfamiliar with the section of the river on which they were traveling, plaintiffs had not consulted...

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