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LUNNEY v. U.S.

Docket No. 02-6044.

319 F.3d 550 (2003)

J. Robert LUNNEY, Administrator of the Estate of Peter Tomich, a/k/a Peter Tonich, a/k/a Peter Herceg Tonic, a/k/a Petar Herceg Tonic, Plaintiff-Appellant, v. UNITED STATES of America, Richard J. Danzig, Secretary of the Navy and Department of the Navy, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 13, 2003.

Attorney(s) appearing for the Case

Phillip C. Landrigan, Lunney & Murtagh, LLC, White Plains, New York, for Plaintiff-Appellant.

Robert W. Sadowski, Assistant United States Attorney, New York, New York (James B. Comey, United States Attorney for the Southern District of New York, Jeffery S. Oestericher, Assistant United States Attorney, on the brief), for Defendants-Appellees.

Before: JACOBS and SACK, Circuit Judges, and TRAGER, District Judge.

JACOBS, Circuit Judge.

The Navy Medal of Honor was awarded posthumously in 1942 to Peter Tomich for extraordinary heroism exhibited on December 7, 1941 (the "Medal"). It was presented in 1944 to a representative of the United States Navy itself, no next of kin having been found, and the Medal has been in the Navy's custody ever since. Plaintiff J. Robert Lunney, as recently-appointed Administrator of the Tomich Estate, sued the United States, the Secretary of the...

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