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NIEVES v. UNITED STATES

Civ. No. 80-0786.

516 F.Supp. 693 (1981)

Octavio Jiménez NIEVES, Ana Josefa Rivera De Jiménez and the Conjugal Partnership Composed By Them; John Doe As Guardian Ad Litem For Carmen Milagros Jiménez Rivera, Octavio Jiménez Rivera, Jr., Wilda Gisela Jiménez Rivera and Ana Ivelise Jiménez Rivera, Plaintiffs, v. UNITED STATES of America; the Secretary of the Department of Health, Education and Welfare, and the Secretary of the Treasury of the United States In Their Official and Individual Private Capacity, Defendants.

United States District Court, D. Puerto Rico.

June 18, 1981.

Attorney(s) appearing for the Case

Blas C. Herrero, Jr., Hato Rey, P. R., for plaintiffs.

E. M. de Jesús, Asst. U. S. Atty., Hato Rey, P. R., Orlando R. Ruíz, Trial Atty., Torts Branch, Civil Division U.S. Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION AND JUDGMENT

CEREZO, District Judge.

Mr. Octavio Jiménez Nieves, his wife and their four minor children seek damages against the United States in the sum of $1,000,000 under the Federal Tort Claims Act, 28 United States Code Sections 1346(b), 2671-2678, 2680. In deciding the motion to dismiss, the facts alleged in their complaint are deemed true. The factual situation set forth in the complaint is that of a plaintiff whose mother...

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