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ELLARD CONTRACTING CO., INC. v. U.S.

Civ. A. No. 82-G-0237-S.

554 F.Supp. 98 (1982)

ELLARD CONTRACTING COMPANY, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Alabama, S.D.

December 14, 1982.

Attorney(s) appearing for the Case

W. Stancil Starnes and James H. Starnes, Starnes & Atchison, Birmingham, Ala., for plaintiff.

Frank W. Donaldson, U.S. Atty., Elizabeth Todd Campbell, Asst. U.S. Atty., Birmingham, Ala., for defendant.

MEMORANDUM OPINION

GUIN, District Judge.

This is a negligence action in which plaintiff Ellard Contracting Company, Inc. ("Ellard"), asserts a claim against defendant United States of America ("United States") under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346, 2671 et seq.1 This cause is presently before the court on defendant's motion to dismiss or for summary judgment or, in the alternative, to transfer to the...

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