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SHAFTER v. UNITED STATES

No. 17, Docket 31862.

400 F.2d 584 (1968)

Alfred M. SHAFTER, as next friend of the dependents and next of kin of Joaquin Farina Muniz, and for such other persons as may be similarly situated, such as dependents and next of kin of Georg Joseph Kostka, Gerhart Rudi Richard Klatt, Dieter Ahrens, Koch Lothar Ludwig Wilmes and Gunther Schikulla, and Karl-Heinz Weinhold, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant and Third-Party Plaintiff-Appellee, and Alfred M. SHAFTER, as next friend of the defendants, etc., et al., Third-Party Defendants.

United States Court of Appeals Second Circuit.

Decided October 1, 1968.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (George G. Kilarjian, New York City, and Francis J. Nicosia, Brooklyn, N. Y., on the brief), for appellants.

Bruno A. Ristau, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty. for Southern District of New York, John C. Eldridge and Philip A. Berns, Attys., Department of Justice, Washington, D. C., on the brief), for appellee.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

PER CURIAM:

We affirm for the reasons stated in Judge Frankel's opinion, reported at 273 F.Supp. 152<...

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