Legal Opinion

Winston Bros. Company v. United States

District Court, D. Minnesota

Decided August 28, 1973No. 4-73-Civil 30PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

LARSON, District Judge.

This is an action under the Federal Tort Claims. Act, 28 U.S.C. § 1346(b), seeking $81,238.39 reimbursement for damages to two drill jumbos. The pieces of heavy construction equipment were buried and subsequently demolished in a cave-in of a portion of a tunnel being excavated in connection with the DeGray Dam and Reservoir Project in Clark County, Arkansas. The case comes here after adjudications by the Contracting Officer, Board of Contract Appeals for the Army Corps of Engineers, and the Court of Claims, all of which have denied the claim.

Plaintiffs Winston…

2Cases cited37 opinions

  1. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  2. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  3. Soriano v. United StatesSupreme Court of the United States · 1957
  4. United States v. DickinsonSupreme Court of the United States · 1947
  5. Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886

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3Cited by7 opinions

  1. United Missouri Bank South v. United StatesDistrict Court, W.D. Missouri · 1976
  2. Albert Korgel and Margaret Korgel v. United StatesCourt of Appeals for the Eighth Circuit · 1980
  3. Norma Denton v. United StatesCourt of Appeals for the Ninth Circuit · 1981
  4. Vega-Velez v. United StatesDistrict Court, D. Puerto Rico · 1986
  5. Group Health Inc. v. United StatesDistrict Court, S.D. New York · 1987

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