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KELLY v. UNITED STATES

No. 268, Docket 75-6043.

531 F.2d 1144 (1976)

Laurence F. KELLY, as Administrator of the Estate of Richard C. Kelly, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 8, 1976.

Attorney(s) appearing for the Case

Victor J. Ciabotti, Oot, Setright & Ciabotti, Syracuse, for appellant.

Alfred H. O. Boudreau, Jr., Atty., Admiralty and Shipping Section, Dept. of Justice, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., Washington, D. C., James M. Sullivan, Jr., U. S. Atty., Syracuse, N. Y., Morton Hollander, Atty. Dept. of Justice, Washington, D. C.), for appellee.

Before MOORE and TIMBERS, Circuit Judges, and COFFRIN, District Judge.

COFFRIN, District Judge:

This case arises from the drowning death of Richard C. Kelly on September 4, 1970 near Sodus Point, New York, on Lake Ontario following the capsize of a 19-foot sailboat on which Mr. Kelly and three companions had embarked for a pleasure trip. The plaintiff, decedent's administrator, contends that the United States Coast Guard was negligent in failing to rescue Mr. Kelly and in causing other would-be rescuers not to come to his aid.

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