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CAMPUZANO v. KIM

No. CV-89-1135.

751 F.Supp. 36 (1990)

Julio CAMPUZANO and Joy Campuzano, Plaintiffs, v. Chea Hung KIM, Defendant/Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

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

October 8, 1990.

Attorney(s) appearing for the Case

Kanterman Taub & Breitner, P.C., New York City, for Julio Campuzano and Joy Campuzano.

Waxman Miller & Trautwig, Great Neck, N.Y., for Chea Hung Kim.

Andrew J. Maloney, U.S. Atty., E.D.N.Y. by Christopher Lehmann, Special Asst. U.S. Atty., Brooklyn, N.Y., for U.S.

SIFTON, District Judge.

This is a motion to dismiss for failure to state a claim upon which relief can be granted brought, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, by third-party defendant United States of America. Both third-party plaintiff Kim and plaintiffs Julio and Joy Campuzano have submitted papers in opposition to the motion.

For purposes of this motion, the relevant facts are essentially undisputed. In October 1987, plaintiff...

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