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HOLLAND v. UNITED STATES

Civ. A. No. 75-0158-0(G).

464 F.Supp. 117 (1978)

Sedona HOLLAND, Successor Administratrix of the estate of Kenneth Wayne Holland, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Kentucky, Owensboro Division.

December 18, 1978.

Attorney(s) appearing for the Case

Charles A. Williams, David Sparks, Williams, Housman & Sparks, Paducah, Ky., Kenneth B. Kusch, Central City, Ky., for plaintiff.

Albert Jones, U. S. Atty., Louisville, Ky., David Waller, James P. Klapps, Raymond A. Nowak, Ignazio J. Ruvolo, Bruce A. Menk, Trial Attys., U. S. Dept. of Justice, Washington, D. C., Alan Yamamoto, Trial Atty., Dept. of Labor, Arlington, Va., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JAMES F. GORDON, District Judge.

This matter came on for trial by the Court without a jury on December 4, 1978. Following the close of plaintiff's case, the Government moved under Federal Rule of Civil Procedure 41(b) for involuntary dismissal of the plaintiff's action on the ground that upon the facts presented and the law the plaintiff had shown no right to relief. After considering the stipulations of the parties...

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