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CARABALLO v. U.S.

No. 1225, Docket 87-6010.

830 F.2d 19 (1987)

Gregory CARABALLO, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 6, 1987.

Attorney(s) appearing for the Case

Anne E. Stanley, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty. for E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendant-appellant.

Benjamin Vinar, Flushing, N.Y. (Paul S. Mirman, Jeffrey H. Schwartz, Flushing, N.Y., of counsel), for plaintiff-appellee.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal by the government is from a judgment of 1.2 million dollars in favor of plaintiff awarded in the United States District Court for the Eastern District of New York (Weinstein, Ch. J.) following a bench trial. Plaintiff brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. (1982), seeking damages for the injuries he suffered in an unfortunate diving accident in a national park. We reverse...

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