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FILIURIN v. UNITED STATES

Civ. A. No. 61-774-C.

211 F.Supp. 825 (1962)

Robert FILIURIN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Massachusetts.

December 12, 1962.

Attorney(s) appearing for the Case

Ely H. Chayet, Boston, Mass., Robert E. McCourt, Boston, Mass., for plaintiff.

W. Arthur Garrity, U. S. Atty., A. David Mazzone, Asst. U. S. Atty., for defendant.

CAFFREY, District Judge.

This is an action brought under the Federal Tort Claims Act, 28 U.S.C.A. 2671 et seq.; the plaintiff is a resident of Brookline, Massachusetts. I find that on October 20, 1960, plaintiff was lawfully operating his motor vehicle in a northerly direction on Route 128, in Newton, Massachusetts, and that at about 8:00 A.M., one Clyde A. Armstead, a soldier in the United States Army, acting within the scope of his employment, negligently operated...

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