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ROGOW v. UNITED STATES

173 F.Supp. 547 (1959)

Mildred Gottlieb ROGOW, as Executrix of the Last Will and Testament of Leon Rogow, deceased, also known as Lee Rogow, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

May 25, 1959.

Attorney(s) appearing for the Case

Gair & Gair, New York City, by Harry A. Gair, New York City, of counsel, for plaintiff.

Arthur H. Christy, U. S. Atty., for Southern District of New York, New York City, by John A. Guzzetta and Robert L. Tofel, Asst. U. S. Attys., New York City, of counsel, for defendant U. S. A.

IRVING R. KAUFMAN, District Judge.

The plaintiff, Mildred Rogow, widow of Leon Rogow, and executrix of his last will and testament, brought this action pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., to recover for the wrongful death of her husband. The case was tried to me without a jury.

Mr. Rogow, a free lance writer, was killed instantly when on September 13, 1955, an Air Force B-25 bomber, on which he was a passenger...

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