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O'CONNOR v. UNITED STATES

No. 246, Docket 25433.

269 F.2d 578 (1959)

Joyce O'CONNOR, as Administratrix of the Estate of Benedict O'Connor, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 10, 1959.

Attorney(s) appearing for the Case

George S. Leonard, First Asst., Civil Division, Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Samuel D. Slade, Herman Marcuse, Attys., Dept. of Justice, Washington, D. C., for appellant.

Herbert A. McDevitt, New York City, for appellee.

Before LUMBARD, Circuit Judge, and GALSTON and ANDERSON, District Judges.

ANDERSON, District Judge.

This is the second appeal of the United States from a judgment of the United States District Court for the Eastern District of New York in an action brought against the Government on November 2, 1951 under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. At the first trial judgment was entered on July 2, 1956, in favor of the plaintiff-appellee in the amount of $150,000. The Government appealed and on January 28, 1958...

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