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MAKAROVA v. U.S.

Docket No. 99-6089.

201 F.3d 110 (2000)

Natalia MAKAROVA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 12, 2000.

Attorney(s) appearing for the Case

Myron Moskovitz, Law Office of Myron Moskovitz, Berkeley, CA (Gilbert G. Spencer, Jr., Spencer & Maston, New York, NY, of counsel), for Plaintiff-Appellant.

David S. Jones, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney for the Southern District of New York, Gideon A. Schor, Assistant United States Attorney, of counsel), for Defendant-Appellee.

Before: McLAUGHLIN, JACOBS, and SACK, Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

In 1982, Natalia Makarova was injured when a piece of scenery fell on her shoulder at the Kennedy Center for the Performing Arts in Washington, D.C. At the time of the injury, Makarova was performing in a production of the musical "On Your Toes," and a witness for Makarova asserts that she was widely regarded as the world's best prima ballerina.

The Kennedy Center was the producer of "On Your Toes." As producer...

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