SILVA v. BROCK

Civ. A. No. 87-1356-C.

677 F.Supp. 55 (1988)

Eduardo SILVA, Plaintiff, v. William E. BROCK, Secretary of Labor and John Pendergrass, the Assistant Secretary for Occupational Safety & Health, and the United States of America, Defendants.

United States District Court, D. Massachusetts.

January 11, 1988.


Attorney(s) appearing for the Case

Marc S. Alpert, Boston, Mass., for plaintiff.

Eileen M. Hagerty, Asst. U.S. Atty., Boston, Mass., Sally Rider, Trial Atty., Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants.


MEMORANDUM

CAFFREY, Senior District Judge.

This is a claim for damages brought pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). The case is now before the court on the defendant's motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.

In 1984, the plaintiff fell from the top of an oil tanker while working for Research...

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