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RUFINO v. UNITED STATES

126 F.Supp. 132 (1954)

Mary C. RUFINO, as Administratrix of the Goods, Chattels and Credits which were of Orlando J. Rufino, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

December 1, 1954.

Attorney(s) appearing for the Case

Joseph Brill, New York City, Sidney L. Fishkin, New York City, of counsel, for plaintiff.

J. Edward Lumbard, U. S. Atty., New York City, Philip M. Drake, Asst. U. S. Atty., New Rochelle, N. Y., of counsel, for United States of America.

McGOHEY, District Judge.

In an action brought by plaintiff under the Federal Tort Claims Act1 as next of kin of her deceased husband for damages suffered as the result of the latter's death allegedly caused by the wrongful acts of the employees of the defendant acting within the scope of their employment, the United States moves to dismiss the complaint under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground...

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