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AMERICAN NAT. BANK & TRUST CO. OF WAUKEGAN v. U.S.

No. 85 C 7614.

636 F.Supp. 147 (1986)

The AMERICAN NATIONAL BANK AND TRUST COMPANY OF WAUKEGAN, as Special Administrator of the estate of Daniel Janda, deceased, for the benefit of the Estate of Daniel Janda, Robin Janda, surviving spouse, and Heather Janda, Michelle Janda and Jonathan Janda, minor children and next of kin of Daniel Janda, deceased; and Robin Janda, individually, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, N.D. Illinois, E.D.

April 17, 1986.

Attorney(s) appearing for the Case

John J. Piccione/Patrick C. Keeley/David J. Boersma, Piccione, Keeley & Associates, Ltd., Wheaton, Ill., Philip J. Ryan, Waukegan, Ill., for plaintiffs.

Mary Rigdon, Asst. U.S. Atty., Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff American National Bank and Trust Company of Waukegan ("American"), acting as special administrator for decedent Daniel Janda, filed this wrongful death and survivor's suit against the United States for alleged negligent, wanton and willful conduct in failing to warn of an underwater hazard in navigable waters. The government has filed a motion to dismiss for lack of subject matter jurisdiction...

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