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BYRNE v. U.S.

No. 92 Civ. 342 (PKL).

804 F.Supp. 577 (1992)

George BYRNE, individually and as Administrator for the Estate of Thomas Byrne, Plaintiffs, v. UNITED STATES of America, Defendant.

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

October 26, 1992.

Attorney(s) appearing for the Case

Martin R. Kramer, Brooklyn, N.Y., for plaintiffs.

Otto G. Obermaier, U.S. Atty. for the Southern District of New York, New York City (M. Chinta Gaston, of counsel), for defendant.

OPINION AND ORDER

LEISURE, District Judge.

Defendant seeks an order pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure dismissing the complaint in this action for lack of subject matter jurisdiction or, in the alternative, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, defendant's motion to dismiss the action is denied.

BACKGROUND

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