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FAHEY v. UNITED STATES

153 F.Supp. 878 (1957)

Francis A. FAHEY and Josephine Fahey, as Administrators of the Goods, Chattels and Credits which were of Eileen Fahey, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 26, 1957.

Attorney(s) appearing for the Case

O'Dwyer & Bernstein, New York City, for plaintiffs. Paul O'Dwyer and Howard N. Meyer, New York City, of counsel.

Paul W. Williams, U. S. Atty. for the S. D. of New York, New York City, for defendant. Morton S. Robson and John S. Clark, Asst. U. S. Attys., New York City, of counsel.

LEVET, District Judge.

This action, tried by this court without a jury, was brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq. The plaintiffs' intestate, Eileen Fahey, a young woman of some 18 years, was shot and killed on July 14, 1952, by one Bayard P. Peakes, a demented war veteran. As a result of this tragic death, the administrators have sued the United States of America on the ground that its alleged negligence in permitting...

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