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UNITED STATES v. RIDOLFI

No. 297, Docket 27958.

318 F.2d 467 (1963)

UNITED STATES of America, Defendant-Appellant, v. Robert RIDOLFI, Plaintiff-Appellee.

United States Court of Appeals Second Circuit.

Decided June 14, 1963.

Attorney(s) appearing for the Case

Edward A. Groobert, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C. (John W. Douglas, Acting Asst. Atty. Gen., Washington, D. C., and Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., on the brief), for defendant-appellant.

Jerome D. Silberstein, New York City (David Schack and Joseph Atkinson, New York City, on the brief), for plaintiff-appellee.

Before WATERMAN and KAUFMAN, Circuit Judges, and BRYAN, District Judge.

FREDERICK van PELT BRYAN, District Judge.

The United States appeals from a judgment entered against it in an action under the Federal Tort Claims Act1 in the United States District Court for the Eastern District of New York. Plaintiff Ridolfi sued for personal injuries sustained while he was a patient in the Veterans Administration Hospital at Northport, Long Island, as a result of alleged negligence. The case was tried

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