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GERCEY v. UNITED STATES

Civ. A. No. 74-29.

409 F.Supp. 946 (1976)

Steven GERCEY, Decedent, Michael B. Gercey and Madeline M. Gercey, parents and next-of-kin v. UNITED STATES of America.

United States District Court, D. Rhode Island.

February 6, 1976.

Attorney(s) appearing for the Case

Abraham Goldstein, Providence, R.I., for plaintiffs.

Lincoln C. Almond, U.S. Atty., R.I., Everett C. Sammartino, Asst. U.S. Atty., Providence, R.I., Alfred H. O. Boudreau, Jr., Admiralty & Shipping Section, Dept. of Justice, Washington, D.C., for defendant.

OPINION

PETTINE, Chief Judge.

On May 19, 1973, the Motor Vessel COMET sank off Point Judith, Rhode Island, with a loss of sixteen lives, including that of Steven Gercey, the plaintiffs' decedent. The plaintiffs in this wrongful death action allege that the United States Coast Guard failed to use due care in carrying out its statutory duty of insuring the safety of passengers upon vessels that are required to be inspected and certified as safe for passenger...

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