LEVET, District Judge.
This is a motion by the United States for summary judgment in a tax refund action. Plaintiffs have countered with a cross motion for summary judgment.
For the purposes of its motion, the United States accepts the facts stated in the complaint, plaintiff Benjamin Ginsberg's deposition and answers to interrogatories and the medical report on his condition. These facts are as follows:
1. Benjamin Ginsberg was struck by a truck while...
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