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LIPKA v. UNITED STATES

Nos. 101, 108, 109, Dockets 30328, 30329, 30330.

369 F.2d 288 (1966)

Agnes LIPKA, as Administratrix of the Estate, Goods, Chattels and Credits of Walter J. Lipka, Sr., Deceased, and individually as Widow and Next of Kin of said Walter J. Lipka, and John E. ABBOTT, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, v. VAUGHN CONSTRUCTION CORPORATION, Third-Party Defendant. Olga SICKO, as Administratrix of the Estate, Goods, Chattels and Credits of John Sicko, Deceased, and individually as Widow and Next of Kin of said John Sicko, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, v. VAUGHN CONSTRUCTION CORPORATION, Third-Party Defendant. Maurice SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, v. VAUGHN CONSTRUCTION CORPORATION, Third-Party Defendant.

United States Court of Appeals Second Circuit.

Decided December 2, 1966.

Attorney(s) appearing for the Case

George S. Lettko, Troy, N. Y., for plaintiffs-appellants.

Martin Jacobs, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Dept. of Justice, Washington, D. C., and Justin J. Mahoney, U. S. Atty. for Northern Dist. of New York, Albany, N. Y., on the brief), for defendant-appellee.

J. Joseph Murphy, Troy, N. Y. (Connolly, Mirch & Murphy, Troy, N. Y., on the brief), for plaintiff-appellant Olga Sicko.

Thomas M. Monahan, Jr., Troy, N. Y., for plaintiff-appellant Maurice Smith.

Before LUMBARD, Chief Judge, and MOORE and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

Plaintiffs in these three consolidated actions, brought in the Northern District of New York against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674, appeal from judgments entered for the United States after a trial on the merits.

The actions arise from the collapse on March 16, 1963 of a temporary dewatering cofferdam built by the Vaughn Construction Corporation (Vaughn) to enable it to dry pour...

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