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McMICHAEL v. UNITED STATES

Nos. 77-1006, 77-1008, 77-1031 to 77-1034, 78-1006 and 78-1015.

521 F.Supp. 1273 (1981)

J. A. McMICHAEL, Adm. of the Estate of Emma McMichael, Plaintiff, v. UNITED STATES of America, Defendant. Mrs. Lamar BARTLETT, Mrs. Thelma Lowe, Mrs. Edna Rogers, Mrs. Flora Weaver and Mrs. Georgia Ray, Plaintiffs, v. UNITED STATES of America, Defendant. Leonard MADISON, Adm. of the Estate of Lula Mae Madison, Plaintiff, v. UNITED STATES of America, Defendant. Oscar WALKER, Adm. of the Estate of Eliza Walker, Deceased, Plaintiff, v. UNITED STATES of America, Defendant. Willie MOODY, Adm. of the Estate of Geraldine Moody, Deceased, Plaintiff, v. UNITED STATES of America, Defendant. Willie E. KELLY, Adm. of the Estate of Shirley J. Kelly, Deceased, Plaintiff, v. UNITED STATES of America, Defendant. Billy HARRISON, Adm. of the Estate of Elsie Marie Harrison, Plaintiff, v. UNITED STATES of America, Defendant. Georgia RAY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Arkansas, El Dorado Division.

September 2, 1981.

Attorney(s) appearing for the Case

Phillip H. McMath, McMath & Leatherman, Little Rock, Ark., for plaintiffs in Nos. 77-1006, 77-1008, 78-1006, 78-1015.

Bernard Whetstone, Little Rock, Ark., for plaintiffs in Nos. 77-1031, 77-1032, 77-1033, 77-1034.

Larry McCord, U.S. Atty., and Floyd Clardy, Asst. U.S. Atty., Fort Smith, Ark., for defendant.

MEMORANDUM OPINION

OREN HARRIS, Senior District Judge.

These consolidated cases were filed individually by complaint against the United States of America under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-2678, 2680. The plaintiffs seek damages against the United States of America for injuries and deaths caused by an explosion near Camden, Arkansas on March 8, 1976. The explosion occurred at a plant where Celesco Industries, Inc...

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