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BARBERA v. SMITH

No. 84 Civ. 8624 (SWK).

654 F.Supp. 386 (1987)

Jacqueline BARBERA, as Administratrix of the Goods, Chattels, and Credits of Lena Margaret Barbera, Plaintiff, v. William French SMITH, individually and as Attorney General for the United States; John S. Martin, Jr., individually and as the former United States Attorney for the Southern District of New York; and Stephen Schlessinger, individually and as a former Assistant United States Attorney for the Southern District of New York, Defendants.

United States District Court, S.D. New York.

February 9, 1987.

Attorney(s) appearing for the Case

William M. Kunstler, Ronald L. Kuby, New York City, for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., by Peter C. Salerno, Asst. U.S. Atty., New York City, for defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

This is an action brought under the Federal Tort Claims Act (the "FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, and as a Bivens claim under the Fifth Amendment to the United States Constitution pursuant to general federal question jurisdiction, 28 U.S.C. § 1331. This case is presently before the Court on defendants' motion to dismiss for lack of personal jurisdiction over one of the defendants...

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