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KLEIN v. UNITED STATES

No. 69, Docket 28989.

339 F.2d 512 (1964)

Mary P. KLEIN and William Klein, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 10, 1964.

Attorney(s) appearing for the Case

Orenstein, Arrow & Lourie, New York City (Miles J. Lourie, New York City, of counsel and on the brief), for plaintiffs-appellees.

Robert M. Morgenthau, U. S. Atty., Southern District of New York (Allen M. Taylor, New York City, of counsel; Benjamin H. Siff, New York City, on the brief), for defendant-appellant.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

WATERMAN, Circuit Judge.

Plaintiffs, husband and wife, brought suit against the government under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) et seq., for personal injuries suffered by the wife. The case was tried before Judge Murphy, sitting without a jury, in the United States District Court for the Southern District of New York. In a memorandum opinion Judge Murphy granted judgment for the plaintiffs and awarded them $28,804.02. The government appeals...

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