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McCLARY v. O'HARE

No. 272, Docket 85-7518.

786 F.2d 83 (1986)

Pauline A. McCLARY, Administratrix of the Estate of Roger C. McClary, Deceased, Appellant, v. Richard O'HARE, as Superintendent of the Steuben County Highway Department; County of Steuben; Lillian Roberts, as Commissioner of Labor of the State of New York; State of New York; Civil Service Employees Association, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 17, 1986.

Attorney(s) appearing for the Case

John W. Vogel, Dansville, N.Y. (Edward J. Degnan, Canisteo, N.Y., of counsel), for appellant.

Barbara J. Delgross (Mark G. Farrell, Buffalo, N.Y., of counsel), for appellee O'Hare.

Frederick H. Ahrens, Jr., Bath, N.Y. (Michael T. Tomaino, Kathleen A. Frensky, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., of counsel), for appellee Steuben County.

Michael S. Buskus, Asst. Atty. Gen., State of N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Robert Hermann, Sol. Gen., Peter H. Schiff, Deputy Sol. Gen., Albany, N.Y., of counsel), for appellees Roberts and the State of N.Y.

Before OAKES, NEWMAN and KEARSE, Circuit Judges.

OAKES, Circuit Judge:

Roger C. McClary died on June 2, 1983, in the course of his employment with the Steuben County Highway Department when a wire cable on a mobile truck crane being operated by a fellow employee broke, causing the boom of the crane to fall and strike the decedent in the head. His wife, administratrix of his estate, brought suit under 42 U.S.C. § 1983 (1982) and its jurisdictional counterpart, 28 U.S.C. § 1343 (1982), against the County...

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