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BURDEN v. U.S. ARMY CORPS OF ENGINEERS

Civ. A. No. 6:91-1110.

794 F.Supp. 184 (1992)

Myrl BURDEN, Administratrix and Personal Representative of the Estate of Charles Burden, deceased, Plaintiff, v. UNITED STATES of America ARMY CORPS OF ENGINEERS, Defendant and Third-Party Plaintiff, v. MULZER CRUSHED STONE, INC., Third-Party Defendant.

United States District Court, S.D. West Virginia, Parkersburg Division.

July 13, 1992.

Attorney(s) appearing for the Case

Gary E. Pullin, Cleek, Pullin & Bibb, Charleston, W.Va., Gary Logsdon, Brownsville, Ky., Steven C. Schletker, Lawrence & Schletker, Covington, Ky., for plaintiff.

Donald L. Stennett, Asst. U.S. Atty., Charleston, W.Va., Michelle T. Delemarre, U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, D.C., for defendant and third-party plaintiff.

Todd M. Powers, Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, John A. Smith, Kay, Casto, Chaney, Love & Wise, Charleston, W.Va., for third-party defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Third-Party Defendant Mulzer Crushed Stone, Inc.'s (Mulzer) motion for summary judgment pursuant to Rule 56(e) of the Federal Rules of Civil Procedure. Response and reply briefs have been submitted and now this matter is ripe for the Court's attention.

Under Rule 56(c) of the Federal Rules of Civil Procedure summary judgment is proper:

"If the pleadings, depositions...

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