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ROTEN v. U.S.

No. 93-2041.

850 F.Supp. 786 (1994)

Paul James ROTEN, Jr., Special Administrator of the Estate of Paul James Roten, III, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W.D. Arkansas, Fort Smith Division.

As Amended May 3, 1994.

Attorney(s) appearing for the Case

Charles R. Karr, Karr, Hutchinson & Stubblefield, Fort Smith, AR, for plaintiff.

David N. Blackorby, Asst. U.S. Atty., Fort Smith, AR, for defendant.

MEMORANDUM OPINION

HENDREN, District Judge.

Plaintiff brings this wrongful death action under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The Court has jurisdiction under 28 U.S.C. § 1346(b). Trial to the Court was held on January 24-25, 1994.

BACKGROUND

On the evening of Saturday, October 6, 1990, Paul James Roten, III (hereinafter called decedent) fell to his death off a sheer bluff in the White...

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