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TABER v. MAINE

No. 264, Docket 94-6079.

67 F.3d 1029 (1995)

Scott A. TABER, Plaintiff-Appellant, v. Robert S. MAINE, Defendant, and United States of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 5, 1995.

Amended October 5, 1995.

Attorney(s) appearing for the Case

Frederick J. DeFilippo, Elmira, NY, for appellant.

Anne VanGraafeiland, Asst. U.S. Atty., Rochester, NY (Patrick H. NeMoyer, U.S. Atty., Rochester, NY, on the brief), for appellee.

Before: LEVAL, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Twenty-six years ago, in Ira S. Bushey & Sons, Inc. v. United States, 398 F.2d 167 (2d Cir.1968), this court held that the United States Government was vicariously liable for damage to a drydock caused by a drunken sailor who was returning to ship from a night's liberty. In his celebrated opinion, Judge Henry Friendly described the basis of respondeat superior as the "deeply rooted sentiment...

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