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DIMICK v. DEPARTMENT OF THE ARMY

Civil Action No. 3:97-0134.

982 F.Supp. 323 (1997)

Joseph T. DIMICK, Jr. and Barbara Dimick, his wife, Plaintiffs, v. THE DEPARTMENT OF THE ARMY, The United States of America, and A.T., Inc., Defendants.

United States District Court, M.D. Pennsylvania.

October 30, 1997.

Attorney(s) appearing for the Case

Sean P. McDonough, Scranton, PA, for plaintiffs.

Mark E. Morrison, Asst. U.S. Atty., Harrisburg, PA, Michael A. Genello, Michael A. Giannetta, Scranton, PA, for defendants.

Marianne Gilmartin, Scranton, PA, for third party defendant.

MEMORANDUM

DURKIN, United States Magistrate Judge.

Before the court1 is the defendant, A.T., Inc.'s motion to dismiss the plaintiffs' complaint. (Doc. No. 7).

Plaintiffs filed this negligence action to recover for personal injuries suffered by plaintiff Joseph Dimick Jr. sustained in a fall on August 11, 1993 at Tobyhanna Village Apartments where he resided. It is alleged that defendant Department of the Army,...

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