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HOWES v. CHILDERS

Civ. A. No. 76-433.

512 F.Supp. 745 (1981)

Hetty HOWES, Administratrix of Estate of Garland Howes, deceased et al., Plaintiff, v. Homer CHILDERS, Willard Stanley, and Ernest Wells, Defendants.

United States District Court, E. D. Kentucky, Pikeville Division.

April 2, 1981.

Attorney(s) appearing for the Case

Jim Hammond, Prestonsburg, Ky., for plaintiff.

Patrick H. Molloy, U. S. Atty., Lexington, Ky., Thelma Quince, Dept. of Justice, James P. Klapps and David Waller, Torts Section, U. S. Dept. of Justice, I. Avrum Fingeret, U. S. Dept. of Interior, Washington, D. C., for defendant Childers.

Steven L. Beshear, Atty. Gen., Commonwealth of Kentucky, Dale Brodkey, Asst. Atty. Gen., Environmental Law Division, Frankfort, Ky., for defendants, Stanley and Wells.

ORDER

UNTHANK, District Judge.

On April 10, 1975 Garland Howes, a coal miner, was fatally injured in a highwall mining accident in Floyd County, Kentucky. This action was instituted by his estate, his widow, and child against eight mine inspectors, six of whom were employed by the Federal Mine Enforcement and Safety Administration (MESA) and two of whom were employed as mine inspectors for the Commonwealth of...

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