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QUINN v. UNITED STATES

150 F.Supp. 872 (1957)

Denis C. QUINN, Plaintiff, v. UNITED STATES of America and Charles Moder, Defendants and Third Party Plaintiffs, Dr. Kazuo YANAGISAWA, Third Party Defendant.

United States District Court S. D. New York.

May 2, 1957.

Attorney(s) appearing for the Case

O'Neill, Higgins & Latto, New York City, for plaintiff.

Paul W. Williams, New York City, by Arthur B. Kramer, New York City, of counsel, for the United States.

Garbarini & Kroll, New York City, by Sol I. Kroll, New York City, of counsel, for Dr. Yanagisawa.

EDELSTEIN, District Judge.

1. Plaintiff Denis C. Quinn has brought this suit under the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2671 et seq.) to recover for injuries which he alleges were caused by the negligent operation of a United States Army vehicle by one Charles Moder.

2. The incident upon which this action is based occurred at about 2:45 P. M. on September 13, 1954 in the vicinity of Twelfth Avenue and 42nd Street in

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