Legal Opinion
Bernitsky v. United States
District Court, E.D. Pennsylvania
Decided January 11, 1979No. Civ. A. 76-841PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
TROUTMAN, District Judge.
Plaintiffs are the owners and operators of a small independent coal mine located in Schuylkill County, Pennsylvania. They seek damages under the Federal Tort Claims Act (FTCA), alleging that defendant, through its duly authorized agents, representatives, servants and employees, did close plaintiffs’ mine on February 13, 1974, and that in or about April of that year, as a proximate cause of said closure, plaintiffs’ mine collapsed, destroying mining tools and equipment and rendering impossible the extraction of 112,000 tons of coal.
The Government…
2Cases cited15 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- United States v. OrleansSupreme Court of the United States · 1976
- Blessing v. United StatesDistrict Court, E.D. Pennsylvania · 1978
- Vera Zabala Clemente v. United StatesCourt of Appeals for the First Circuit · 1978
- Martha M. Kirk, an Adult, and Kenneth William Kirk, a Minor, Who Sues by His Guardian Ad Litem, Martha M. Kirk v. United StatesCourt of Appeals for the Ninth Circuit · 1959
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3Cited by4 opinions
- Bernitsky v. United StatesCourt of Appeals for the Third Circuit · 1980
- Charles Schindler, and Mary Schindler, Individually and as Next Friend of Karl Michael Schindler v. United StatesCourt of Appeals for the Sixth Circuit · 1981
- Bernitsky v. United StatesCourt of Appeals for the Third Circuit · 1980
- Gunnells v. United StatesDistrict Court, S.D. West Virginia · 1981