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ESTATE OF O'NEAL v. U.S.

No. CIV.A. 94-PT-2493-S.

291 F.Supp.2d 1253 (2003)

ESTATE OF Kirkman O'NEAL, deceased; Elizabeth O'Neal White Shannon, Emmet O'Neal, and Emmet O'Neal, III, Personal Representatives, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Alabama, Southern Division.

October 8, 2003.

Attorney(s) appearing for the Case

Roy J. Crawford, C Fred Daniels, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, AL, J Fred Wood, Jr., Dominick, Fletcher, Yeilding, Wood & Lloyd, Birmingham, AL, for Plaintiffs.

Alice H. Martin, US Attorney, Birmingham, AL, Robert L. Welsh, Lynne M. Murphy, Us Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

PROBST, Senior District Judge.

This cause comes on to be heard upon cross-motions for partial summary judgment. Defendant United States of America ("the Government") filed its motion on May 8, 2003 (Doc. 29). Plaintiffs filed their motions on May 9, 2003 (Docs. 32-34).1

FACTS AND PROCEDURAL HISTORY2

I. General Background

This case involves certain...

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