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STEPHENS v. UNITED STATES

No. 77-3050.

472 F.Supp. 998 (1979)

James A. STEPHENS, Plaintiff, v. UNITED STATES of America, Defendant, v. The STATE OF ILLINOIS, Third-Party Defendant.

United States District Court, C. D. Illinois, Springfield Division.

May 15, 1979.

Attorney(s) appearing for the Case

Anthony P. Corsentino, Sweat & Sweat, Peoria, Ill., William T. Cahill, Richard J. Phelan, Phelan & Pope, Chicago, Ill., for plaintiff.

Sandra Simon, James P. Klapps, Paul Figley, U. S. Dept. of Justice, Tort Section, Civ. Div., Washington, D. C., John Germeraad, Asst. U. S. Atty., Springfield, Ill., William S. Hanley R. Gerald Barris, Sorling, Northrup, Hanna, Cullen & Cochran, Ltd., Springfield, Ill., for State of Illinois, third-party defendant.

MEMORANDUM ORDER

ACKERMAN, District Judge.

I. Introduction

On May 27, 1975, James A. Stephens suffered serious injuries when he dove into Lake Shelbyville from the shore of a cove located in Eagle Creek State Park. After the Department of Army Corps of Engineers denied Stephens' claim under 28 U.S.C. § 2675, he filed a three count complaint against the United States pursuant to the Federal Tort Claims Procedure Act, 28 U.S.C. § 2671 ...

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