RUBIN v. POWER AUTHORITY OF STATE OF NEW YORK

Civ. Nos. 1972-321, 1972-322.

356 F.Supp. 1169 (1973)

Lenore H. RUBIN et al., Plaintiffs, v. POWER AUTHORITY OF the STATE OF NEW YORK, Defendant. Marilynn FUNK, as Executor of the Last Will and Testament of David Funk, Deceased, Plaintiff, v. POWER AUTHORITY OF the STATE OF NEW YORK, Defendant.

United States District Court, W. D. New York.

March 28, 1973.


Attorney(s) appearing for the Case

Brock, Brock & Zisser, Buffalo, N. Y. (Douglas H. Brock, Harrison, Gruber & Gaughan, and Fenton F. Harrison, Buffalo, N. Y., of counsel), for plaintiffs.

Phelps, Gray, Mansour & Hewitt, Niagara Falls, N. Y. (Joseph J. Mansour, Niagara Falls, N. Y., of counsel), for defendant.


CURTIN, District Judge.

In these actions the plaintiffs seek recovery for damages allegedly caused by the maritime torts of the defendant. The complaints allege the following facts. On June 27, 1971 Irving Rubin and David Funk, for whom the plaintiffs are executors, proceeded in a power boat upon the navigable waters of the Niagara River to the area of the water intakes of the generating plant operated by the defendant. There, with proper gear and equipment, they...

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