JONES v. UNITED STATES

No. 64 Civ. 977.

272 F.Supp. 679 (1967)

Herman J. JONES, as Administrator of the Estate of Lawrence P. Jones, Deceased, Herman J. Jones and Genevieve Jones, Plaintiffs, v. UNITED STATES of America, Defendant. UNITED STATES of America, Third-Party Plaintiff, v. HAWKES AMBULANCE SERVICE, INC., Third-Party Defendant. HAWKES AMBULANCE SERVICE, INC., Fourth-Party Plaintiff, v. METROPOLITAN EQUIPMENT CORPORATION and Superior Coach Corporation, Fourth-Party Defendants.

United States District Court S. D. New York.

August 7, 1967.


Attorney(s) appearing for the Case

Lionel Alan Marks, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., for Southern District of New York, New York City, for defendant and third-party plaintiff United States of America; Lawrence W. Schilling, Alan Blumberg, Asst. U. S. Attys., of counsel.

Joseph M. Soviero, New York City, for third-party defendant and fourth-party plaintiff Hawkes Ambulance Service, Inc.; Raymond C. Green, New York City, of counsel.

Edward L. Milde, New York City, for fourth-party defendant Metropolitan Equipment Corporation; Robert G. Burkhart, New York City, of counsel.

Berman & Frost, New York City, for fourth-party defendant Superior Coach Corporation; Abraham D. Shackton, Sheila L. Birnbaum, New York City, of counsel.


OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW

WEINFELD, District Judge.

This is an action under the Federal Tort Claims Act1 to recover damages for the death of plaintiffs' decedent, Lawrence P. Jones, allegedly caused by the negligent conduct of the Veterans Administration. The decedent was an employee of the Hawkes Ambulance Service, Inc.2 (Hawkes), which had a contract with the Veterans Administration...

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