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CROSS BROS. MEAT PACKERS, INC. v. UNITED STATES

No. 82-1219.

705 F.2d 682 (1983)

CROSS BROTHERS MEAT PACKERS, INC., Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided April 20, 1983.

Attorney(s) appearing for the Case

Marshall A. Bernstein (argued), Stewart J. Eisenberg, Bernstein, Bernstein & Harrison, P.C., Philadelphia, Pa., for appellant.

Peter F. Vaira, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief, Appellate Section, Serena H. Dobson (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Cross Brothers Meat Packers, Inc. (Cross Brothers) appeals from an order granting the government's motion to dismiss its action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346,1 2671-2680 (1976). We reverse and remand.

I.

The plaintiff-appellant Cross Brothers sought $627,380.56 in damages from the United...

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