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McGARRY v. UNITED STATES

Civ. Nos. LV-1504, LV-1628.

370 F.Supp. 525 (1973)

Harriet McGARRY, Individually, and as guardian ad litem of Dennis McGarry, a minor, Plaintiff, v. UNITED STATES of America, Defendant. Patricia McGarry SCHELL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Nevada.

October 30, 1973.

Attorney(s) appearing for the Case

Bradley & Drendel, Ltd., Reno, Nev., for plaintiffs.

V. DeVoe Heaton, U. S. Atty., Las Vegas, Nev., James P. Klapps, J. Chas. Kruse, U. S. Dept. of Justice, Washington, D. C., for defendant.

OPINION

ROGER D. FOLEY, Chief Judge.

Facts

The plaintiffs have filed this wrongful death action under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), to recover damages resulting from the death of Thomas McGarry, who died as the result of an accidental electrocution on the Nevada Test Site of the United States Atomic Energy Commission. The Nevada Test Site is a Government-owned nuclear testing facility managed, operated and...

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