Legal Opinion

Duke v. United States

District Court, E.D. Texas

Decided January 9, 1989No. Civ. A. B-86-1798-CAPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

COBB, District Judge.

The plaintiffs decedent died in a boating accident on May 12, 1984. The plaintiff contends that the accident occurred within the confines of the Big Thicket National Park (BTNP), four hundred to five hundred feet north of the Neches River, on Booth’s Bayou.

Taking her first action on May 8, 1986, the plaintiff submitted an administrative claim under the Federal Tort Claims Act. After a final determination under this Act, the plaintiff filed suit on December 22, 1986. On March 23, 1987, the government filed its first motion on this matter, contending that…

2Cases cited12 opinions

  1. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
  2. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  3. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  4. James E. McCormick and Carol Ann McCormick Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1982
  5. Jane O. Livingston, Administratrix of the Estate of Haldon C. Livingston, Deceased v. United StatesCourt of Appeals for the Eighth Circuit · 1980

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3Cited by2 opinions

  1. Smith v. the Abandoned VesselDistrict Court, S.D. Texas · 2009
  2. Weatherford v. United StatesDistrict Court, M.D. Louisiana · 1997

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