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BARRETT v. U.S.

No. 707, Docket 87-6189.

853 F.2d 124 (1988)

Elizabeth BARRETT, individually and as administratrix of the Estate of Harold Blauer, deceased, Plaintiff, v. UNITED STATES of America, Defendant. UNITED STATES of America, Third-party Plaintiff-Appellee, v. STATE OF NEW YORK, Third-party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 2, 1988.

Attorney(s) appearing for the Case

Barrie L. Goldstein, Asst. Atty. Gen. of the State of N.Y., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., O. Peter Sherwood, Sol. Gen., Harvey Golubock, Deputy First Asst. Atty. Gen., New York City, of counsel), for third-party defendant-appellant.

Beth A. Kaswan, Asst. U.S. Atty. for the S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty. for the S.D.N.Y., Richard W. Mark, Asst. U.S. Atty., New York City, of counsel), for third-party plaintiff-appellee.

Before TIMBERS, KEARSE and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

The State of New York appeals from an order of the United States District Court for the Southern District of New York, Constance Baker Motley, Judge, 668 F.Supp. 339, denying its motion to vacate a prior order of that court permitting impleader or, in the alternative, to dismiss the third-party complaint of the United States against New York for contribution in a Federal Tort Claims Act suit brought...

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