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SAWCZYK v. UNITED STATES COAST GUARD

Nos. Civ-78-428, Civ.-78-435.

499 F.Supp. 1034 (1980)

Mary F. SAWCZYK, as Administratrix of the Estate of Anthony J. Sawczyk, Deceased, Plaintiff, v. The UNITED STATES COAST GUARD, in the Department of Transportation of the United States, Defendant. George A. WILSON and Althea George Ross, as Executors of the Estate of David Drummond Ross, Deceased, Plaintiffs, v. The UNITED STATES COAST GUARD, and the Department of Transportation of the United States, Defendants.

United States District Court, W. D. New York.

October 15, 1980.

Attorney(s) appearing for the Case

Lawless & Crowley, New York City (William B. Lawless, New York City, of counsel), for plaintiff Mary F. Sawczyk in Civ-78-428.

Grossman, Levine & Civiletto, Niagara Falls, N. Y. (Stanley Grossman, Niagara Falls, N. Y., of counsel), for plaintiffs George A. Wilson and Althea George Ross in Civ-78-435.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (Michael A. Brady, Asst. U. S. Atty., Buffalo, N. Y., and Debra J. Kossow, Trial Atty., Torts Branch-Civil Division, U. S. Dept. of Justice, Washington, D. C., of counsel), for defendants.

CURTIN, Chief Judge.

The complaints in these two actions were filed on July 26, 1978. The plaintiffs seek to recover damages for the drowning deaths of plaintiffs' decedents which occurred as the result of the capsizing of a rubber raft in the lower Niagara River on August 29, 1975. Liability is predicated against the United States Coast Guard under the Federal Tort Claims Act ["FTCA"]. 28 U.S.C. § 1346(b).

The defendant has made a motion to dismiss the...

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