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HACZELA v. CITY OF BRIDGEPORT

Civ. Nos. 11887-11890.

299 F.Supp. 709 (1969)

Cornelia L. HACZELA, Plaintiff, v. The CITY OF BRIDGEPORT et al., Defendants. Albert B. DEZSO et al., Plaintiffs, v. The CITY OF BRIDGEPORT et al., Defendants. Goldie DEZSO, Plaintiff, v. The CITY OF BRIDGEPORT et al., Defendants. Grace DEZSO, Plaintiff, v. The CITY OF BRIDGEPORT et al., Defendants.

United States District Court D. Connecticut.

January 28, 1969.

Attorney(s) appearing for the Case

Robert Zanesky, of Slavitt & Connery, Norwalk, Conn., for plaintiffs.

Edward J. Caldwell, Bridgeport, Conn., for defendants.

TIMBERS, Chief Judge.

The City of Bridgeport and its Redevelopment Agency have moved, pursuant to Rule 12(b)(6), Fed.R.Civ.P., to dismiss each of the four above entitled actions on the grounds that (1) the claim, if based on negligence, cannot be maintained against a municipal corporation in the performance of a government function; and (2) the claim, if based on nuisance, is without foundation in fact or law. Jurisdiction in these actions is premised upon 28 U.S...

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