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DEVLIN v. U.S.

Docket No. 02-6128.

352 F.3d 525 (2003)

Ellen DEVLIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 12, 2003.

Errata Filed: December 22, 2003.

Attorney(s) appearing for the Case

THOMAS P. CELLA (Keith R. Rudzik, Todd W. Whitford, on the brief), Howard, Kohn, Sprague & FitzGerald, Hartford, Conn., for Plaintiff-Appellant.

Robin D. Smith, Trial Attorney, Torts Branch, for Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C. (Christopher J. Christie, United States Attorney, Jeffrey Axelrad, Director, Torts Branch, Civil Division, on the brief), for Defendant-Appellee.

Before: VAN GRAAFEILAND, CALABRESI, and WESLEY, Circuit Judges.

CALABRESI, Circuit Judge.

Plaintiff Ellen Devlin appeals from a final judgment entered in the United States District Court for the District of Connecticut (Dorsey, J.) granting the government's motion to dismiss a negligence action brought pursuant to the Federal Torts Claims Act, 28 U.S.C. § 2671 et seq. We vacate the judgment and remand the case for further proceedings.

BACKGROUND

Plaintiff's brother, Michael Murratti, began...

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