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MOSLEY v. UNITED STATES

No. CIV-2-77-177.

456 F.Supp. 671 (1978)

Brenda P. MOSLEY, etc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

July 11, 1978.

Attorney(s) appearing for the Case

Bobby Ray Tate, and M. Lacy West, Kingsport, Tenn., for plaintiff.

John H. Cary, U. S. Atty., and Richard K. Harris, Asst. U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is an action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671, et seq., for damages for wrongful death. The Court treats the motion of the defendant United States of America (the government) for a dismissal for, inter alia, the failure of the plaintiff to state a claim against it on which relief can be granted or, alternatively, for a summary judgment as a motion for the...

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