Legal Opinion

McClain v. United States

District Court, D. Oregon

Decided January 24, 1978No. Civ. 76-754PublishedCited by 6 opinions

1Opinion of the Court

ORDER

BURNS, District Judge.

After review of the file and record in this case, I adopt the Magistrate’s findings and recommendation.

Defendant’s motion for summary judgment is granted. The Clerk will enter judgment dismissing this action.

FINDINGS AND RECOMMENDATION

Plaintiff has brought this wrongful death action against the government pursuant to Oregon’s Wrongful Death Act, ORS 30.020. Plaintiff is the personal representative of a woman who died after an automobile accident on government land. Plaintiff contends that the accident was caused by one or more acts of negligence on the part of the…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United States v. MunizSupreme Court of the United States · 1963
  3. Jennings v. United StatesCourt of Appeals for the Fourth Circuit · 1967
  4. Denton v. LW Vail Co., Inc.Court of Appeals of Oregon · 1975
  5. Loney v. McPhillipsOregon Supreme Court · 1974

3Cited by6 opinions

  1. Jerome Otteson v. United StatesCourt of Appeals for the Tenth Circuit · 1980
  2. Watson v. City of OmahaNebraska Supreme Court · 1981
  3. Hahn v. United StatesDistrict Court, M.D. Pennsylvania · 1980
  4. Jerz v. Salt Lake CountyUtah Supreme Court · 1991
  5. Yerk v. Commonwealth, Pennsylvania Court of Common Pleas, Pike County1984

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