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GIBBS v. UNITED STATES

No. 846, Docket 79-6007.

599 F.2d 36 (1979)

Robert J. GIBBS and Theresa Gibbs, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. UNITED STATES of America, Third-Party-Plaintiff-Appellant, v. EDWARD D. KEARNEY CO., INC., Third-Party-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 23, 1979.

Attorney(s) appearing for the Case

Mary C. Daly, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. S. D., Michael H. Dolinger, Asst. U. S. Atty., New York City, of counsel), for defendant-appellant and third-party plaintiff-appellant, United States of America.

Melvin Katz, New York City (Lester, Schwab, Katz & Dwyer, Steven B. Prystowsky, New York City, of counsel), for plaintiffs-appellees, Robert J. Gibbs and Theresa Gibbs.

Michael P. Capriano, New York City (Capriano & Lichtman, New York City, of counsel), for third-party defendant-appellee, Edward D. Kearney Co., Inc.

Before WATERMAN, FEINBERG and MANSFIELD, Circuit Judges.

FEINBERG, Circuit Judge:

This is an appeal by the United States from a judgment of $149,593.93 for plaintiff Robert J. Gibbs in an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., after a nonjury trial before Judge Kevin T. Duffy in the United States District Court for the Southern District of New York. The government also appeals from the dismissal of its third-party action for indemnity against Edward D. Kearney Co...

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