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AETNA CAS. AND INS. CO. v. U.S.

No. 87 CV 1909.

685 F.Supp. 334 (1988)

The AETNA CASUALTY AND INSURANCE COMPANY, a/s/o Michael Del Giorno, Plaintiff, v. UNITED STATES of America, Defendant.

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

May 12, 1988.

Attorney(s) appearing for the Case

John P. D'Ambrosio, Elmsford, N.Y., for plaintiff.

James E. Mercante, John R. Bolton, Asst. Atty. Gen., Andrew J. Maloney, U.S. Atty. for the E.D. New York, Janis G. Schulmeisters, Torts Branch, Civil Div., U.S. Dept. of Justice, for defendant.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This is a claim in admiralty against the United States for negligently causing damage to a vessel. Plaintiff moves for summary judgment on the issue of liability. See Fed.R.Civ.P. 56(a), (d). For the following reasons, the motion is denied.

FACTS

This case involves damage sustained by "Four Play," a twenty-one foot boat powered by an outboard motor. At all relevant times the vessel...

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