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WALLACE v. U.S., DEPT. OF LABOR, MSHA

No. C89-0037-B.

717 F.Supp. 1466 (1989)

Rickie G. WALLACE, individually, and as co-personal representative of the estate of Jack D. Wallace, and Kaye L. Fabritz, as co-personal representative of the estate of Jack D. Wallace, and in behalf of the heirs of Jack D. Wallace, who are Rickie G. Wallace, Terry Wallace, James Lynn Wallace and Lisa Michelle Mahaffey, Plaintiffs, v. The UNITED STATES of America, United States DEPARTMENT OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Defendant.

United States District Court, D. Wyoming.

August 2, 1989.

Attorney(s) appearing for the Case

Michael Newman, Honaker & Hampton, Rock Springs, Wyo., for plaintiffs.

Carol Statkus, Asst. U.S. Atty., Cheyenne, Wyo., Heidi E. Weckwert, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

ORDER ON MOTION TO DISMISS

BRIMMER, Chief Judge.

This matter comes before the Court on defendant's motion to dismiss. A hearing on the motion was held on June 1, 1989, before the United States Magistrate, sitting by designation of the Chief Judge of the United States District Court for the District of Wyoming, pursuant to 28 U.S. C.A. § 636(b)(1)(B). The Magistrate issued proposed findings and recommendations on June 7, 1989. The Court, having reviewed...

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