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MAFFEI v. NIEVES-RETA

Civ. No. 73-551.

412 F.Supp. 43 (1976)

John MAFFEI et al., Plaintiffs, v. Rene NIEVES-RETA and United States of America, Defendants.

United States District Court, S. D. California.

March 15, 1976.

Attorney(s) appearing for the Case

Robert A. Alexander, Jr., of Porter & Alexander, San Diego, Cal., for plaintiffs.

Terry J. Knoepp, U. S. Atty., Carl J. Klein, Asst. U. S. Atty., San Diego, Cal., for defendants.

OPINION

BEEKS, Senior District Judge.

This wrongful death action, based upon the Federal Tort Claims Act,1 came on for trial on February 13, 1976. At the conclusion of plaintiffs' case-in-chief, defendant United States moved for dismissal pursuant to Fed.R.Civ.P. 41(b) asserting that this action must fail as a matter of law in that plaintiffs have not made out a prima facie case under...

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