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LAVITT v. UNITED STATES

No. 12, Docket 21286.

177 F.2d 627 (1949)

LAVITT et al. v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided November 3, 1949.

Attorney(s) appearing for the Case

Dennis P. O'Connor and John W. Joy, Hartford, Conn., attorneys and counsel for plaintiffs-appellants.

A. Devitt Vanech, Assistant Attorney General, Adrian W. Maher, United States Attorney, New Haven, Conn., Roger P. Marquis and S. Billingsley Hill, Attorneys, Department of Justice, Washington, D. C., counsel for United States of America, defendant-appellee.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a summary judgment in favor of the United States in an action brought by the plaintiffs under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover damages alleged to have been caused by the negligence of employees of the United States. The three Lavitts, plaintiffs doing business as the Lavitt Potato Company, leased a warehouse in Tolland County, Connecticut, from the plaintiffs...

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