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FITZGERALD v. ALBA

No. 64 Civ. 1408.

261 F.Supp. 915 (1966)

Thomas I. FITZGERALD, as Public Administrator of the Goods, Chattels and Credits which were of Leona C. Graf, Deceased, Plaintiff, v. Aurelio S. ALBA and United States of America, Defendants.

United States District Court S. D. New York.

November 1, 1966.

Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, for plaintiff, Murray L. Lewis, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., New York City, for defendants, Dawnald R. Henderson, Asst. U. S. Atty., of counsel.

MEMORANDUM

COOPER, District Judge.

Pursuant to Rule 56(b), F.R.Civ.P., defendant United States of America moves for summary judgment. Motion granted.

The action is based upon wrongful death of plaintiff's decedent on March 23, 1963. The material facts are not in dispute. On that day in the early afternoon, the deceased entered upon the United States Coast Guard Base at Saint George, Staten Island, for purposes of a personal and private visit with...

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