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D'AMBRA v. UNITED STATES

No. 72-1205.

481 F.2d 14 (1973)

Joseph A. D'AMBRA et al., Plaintiffs, Appellees, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 7, 1973.

Attorney(s) appearing for the Case

Joseph C. Johnston, Jr., Asst. U. S. Atty., with whom Lincoln C. Almond, U. S. Atty., was on briefs, for defendant, appellant.

Leonard Decof, Providence, R. I., with whom Tobin, Decof, LeRoy & Silverstein, Girard R. Visconti, and Max Wistow, Providence, R. I., were on briefs, for plaintiffs, appellees.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.

ALDRICH, Senior Judge.

The United States appealed from a decision of the district court for Rhode Island awarding plaintiffs $118,800. in an action under the Federal Tort Claims Act1 (FTCA) for the death of their four-year-old son, run over and instantly killed by a mail truck in June 1970. On conflicting evidence the government disputed its liability and challenged the application of the Rhode Island Wrongful Death Act, amended since...

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