Legal Opinion
Susie Myers Perkins, Administratrix of the Estate of John David Perkins, Jr., Deceased v. United States
Court of Appeals for the Fourth Circuit
Decided April 18, 1995No. 94-1573PublishedCited by 237 opinions
1Opinion of the Court
Affirmed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.
OPINION
PHILLIPS, Senior Circuit Judge:
Susie Myers Perkins appeals from the dismissal of her wrongful death action, brought under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (FTCA). We affirm.
I
John D. Perkins died on July 21, 1991, of asphyxiation due to oxygen deficient air, in the portal of the Double E Mining Number 1 Mine, located at Coal Mountain, Wyoming County, West Virginia. An investigation by the U.S. Department of Labor, through the Mine Safety and Health…
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- Thigpen v. United StatesCourt of Appeals for the Fourth Circuit · 1986
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