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ROBERTS v. UNITED STATES

Civ. A. No. 79-49.

531 F.Supp. 372 (1981)

Ronald ROBERTS, d/b/a Roberts Slate Company v. UNITED STATES of America.

United States District Court, D. Vermont.

December 30, 1981.

Attorney(s) appearing for the Case

Williams & Williams, Neal Vreeland, Poultney, Vt., for plaintiff.

Jerome J. O'Neill, U. S. Atty., D. Vt., Jerome J. Neidermeier, Asst. U. S. Atty., Rutland, Vt., Raymond A. Nowak, Mark S. Landman, James P. Klapps, U. S. Dept. of Justice, Washington, D.C., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HOLDEN, Chief Judge.

The plaintiff, Ronald Roberts, brought this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674 (1976), seeking to recover for losses he suffered when a slate quarry which he owned, located in South Poultney, Vermont, was destroyed. Roberts alleges that on June 1, 1978 John Rouba, a federal mine inspector, negligently and unlawfully ordered Roberts to use explosives...

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