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ELLIS v. U.S.

No. 89-C-0045-S.

780 F.Supp. 783 (1991)

Lorene ELLIS, et al., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Utah, C.D.

September 11, 1991.

Attorney(s) appearing for the Case

W. Brent Wilcox, Wilcox, Dewsnup & King, Salt Lake City, Utah, Jeff R. Thorne, Mann, Hadfield & Thorne, Brigham City, Utah, Herm Olsen, Hillyard, Low & Anderson, Logan, Utah, for plaintiff.

Stuart E. Schiffer, Paul F. Figley, Sally M. Rider, Washington, D.C., Dee V. Benson, Joseph W. Anderson, U.S. Atty.'s Office, Salt Lake City, Utah, Sally M. Rider, Daniel R. Unumb, U.S. Dept. of Justice, Torts Branch — Civil Div., Washington, D.C., for defendant.

MEMORANDUM DECISION

SAM, District Judge.

This matter is before the court on the motion of the defendant United States of America to dismiss or, in the alternative, for summary judgment.1

The United States urges that plaintiffs' claims are jurisdictionally barred because they arise from the alleged negligence of a contractor with the United States, the United States owed plaintiffs' decedents no actionable duty, and that...

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