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F. & M. SCHAEFER BREWING CO. v. UNITED STATES

Civ. A. No. 8148.

121 F.Supp. 322 (1954)

F. & M. SCHAEFER BREWING CO. v. UNITED STATES (MORRIS & CUMINGS DREDGING CO. third-party defendant).

United States District Court E. D. New York.

March 3, 1954.

Attorney(s) appearing for the Case

Hagen & Eidenbach, New York City, for plaintiff; by Henry C. Eidenbach, New York City, of counsel.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., for defendant and third party plaintiff; by Louis E. Greco, New York City, of counsel.

Burlingham, Hupper & Kennedy, New York City, for third party defendant; by Adrian J. O'Kane, New York City, of counsel.

INCH, Chief Judge.

This action was instituted on June 3, 1947 by plaintiff against the United States of America under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., for the recovery of damages arising from the collapse of plaintiff's bulkhead and dock, fronting on the east side of Wallabout Bay and Channel in Brooklyn, New York. Plaintiff claimed that the collapse was the result of negligent dredging operations conducted by the Navy Department...

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