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COGBURN v. U.S.

Civ. A. No. 87-0735-T.

717 F.Supp. 958 (1989)

Bruce COGBURN, Dineen Cogburn, Plaintiffs, v. UNITED STATES of America, Department of the Navy, Defendants.

United States District Court, D. Massachusetts.

July 18, 1989.

Attorney(s) appearing for the Case

William A. White, Jr. and John J. Loftus, Rockland, Mass., for plaintiffs.

Judith N. Macaluso and Erin L. Scally, Trial Attys., Torts Branch, Civ. Div., Washington, D.C., John S. Legasey, Ardiff & Morse, P.C., Danvers, Mass., and Andrew S. Hogeland, Asst. U.S. Atty., Boston, Mass., for defendants.

MEMORANDUM

TAURO, District Judge.

This action is brought against the United States and the Department of the Navy by two plaintiffs, a father and daughter, under the Federal Tort Claims Act ("FTCA"). 28 U.S.C. §§ 1346(b), 2401(b), 2671 et seq. Bruce Cogburn is a retired naval serviceman, who was allegedly exposed to asbestos while serving in the Navy.

In 1979, Bruce Cogburn began exhibiting symptoms associated with an asbestos-related...

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