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DOLPHIN GARDENS, INC. v. UNITED STATES

Civ. No. 7867.

243 F.Supp. 824 (1965)

DOLPHIN GARDENS, INC. v. UNITED STATES of America and Western Contracting Corp.

United States District Court D. Connecticut.

June 18, 1965.

Attorney(s) appearing for the Case

David Gill Proctor, Niantic, Conn., for plaintiff.

Jon O. Newman, U. S. Atty., New Haven, Conn., for United States.

Clarence A. Hadden, Pouzzner & Hadden, New Haven, Conn., for Western Contracting Corp.

BLUMENFELD, District Judge.

The plaintiff, Dolphin Gardens, Inc., has brought an action under the Federal Tort Claims Act, ch. 753, 60 Stat. 842 (1946) (codified in scattered sections of 28 U.S.C.), seeking damages for injuries to property in which it held a leasehold interest. The damages were allegedly caused by fumes from dredged material which was deposited by the defendant, Western Contracting Corp., on land owned by Western and the United States pursuant to...

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