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D'AMBRA v. UNITED STATES

Nos. 73-1375, 73-1376.

518 F.2d 275 (1975)

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

United States Court of Appeals, First Circuit.

Decided June 23, 1975.

Attorney(s) appearing for the Case

Girard R. Visconti, Providence, R. I., with whom Abedon & Visconti, Providence, R. I., was on briefs, for Joseph A. D'Ambra et al.

Everett C. Sammartino, Asst. U. S. Atty., with whom Lincoln C. Almond, U. S. Atty., was on briefs, for United States.

Before COFFIN, ALDRICH and CAMPBELL,

COFFIN, Chief Judge.

These cross appeals arise under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for injuries sustained as a result of shock suffered by plaintiff-appellant when she witnessed her four year old son being struck and killed by a United States mail truck. The district court denied the government's motion to dismiss, holding that, under the laws of Rhode Island, a mother foreseeably in the vicinity of her child, may recover damages for...

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