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PELUSO v. UNITED STATES

No. 72-1379.

474 F.2d 605 (1973)

Frank E. PELUSO, Appellants, Administrator of the Estate of Terry Peluso v. UNITED STATES of America. Louis J. PELUSO, Jr., and Patsy A. Peluso v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided March 6, 1973.

Attorney(s) appearing for the Case

James J. McCabe, Jr., Richard A. Kraemer, Philadelphia, Pa., for appellants.

Carl J. Melone, Asst. U.S. Atty., Philadelphia, Pa., Harlington Wood, Jr., Washington, D.C., Robert E. J. Curran, U.S. Atty., Philadelphia, Pa., Morton Hollander, Robert M. Feinson, Dept. of Justice, Civ. Div., Washington, D.C., for appellee.

Before GIBBONS and HUNTER, Circuit Judges, and MUIR, District Judge.

Submitted Under Third Circuit Rule 12(6) March 6, 1973.

OPINION OF THE COURT

PER CURIAM:

This is an appeal from an order of the district court dismissing a complaint for failure to state a claim upon which relief may be granted. The suit is brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, as a survival action by the administrator and a wrongful death action by the parents of decedent, a member of the New...

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