Legal Opinion
McMellon v. United States
District Court, S.D. West Virginia
Decided October 18, 2005No. 3:00 CV 0582PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GOODWIN, District Judge.
I. Factual and Procedural Background
On August 5, 1999, plaintiffs were injured when their personal water crafts went over the Robert C. Byrd Locks and Dam on the Ohio river. The dam is operated by the United States Army Corps of Engineers (Corps) and is owned by the United States. Although unfamiliar with the section of the river on which they were traveling, plaintiffs had not consulted any navigation charts, chartlets, maps, publications, or other navigational aids. As they traveled towards the dam, plaintiffs failed to see any of the…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
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3Cited by4 opinions
- McMellon v. United StatesDistrict Court, S.D. West Virginia · 2007
- Bagner v. United StatesDistrict Court, N.D. New York · 2006
- Barnett v. United StatesDistrict Court, D. South Carolina · 2023
- Furnas v. Appalachian Power CompanyDistrict Court, S.D. West Virginia · 2024