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RAILA v. U.S.

Docket No. 03-6057.

355 F.3d 118 (2004)

Lenore S. RAILA, Whitton A. Raila, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 14, 2004.

Attorney(s) appearing for the Case

Robert A. Slavitt, Slavitt, Connery & Vardamis, Norwalk, CT for Plaintiffs-Appellants Lenore S. Raila, Whitton A. Raila.

Douglas P. Morabito, Assistant United States Attorney, William J. Nardini (on the brief) for Kevin J. O'Connor, United States Attorney, District of Connecticut, for Defendant-Appellee United States of America.

Before: CARDAMONE, SOTOMAYOR, KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

Plaintiff Lenore Raila was injured when she slipped on a package that had been left just below her front door step. She filed suit against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680 (2000), alleging that the proximate cause of her injuries was the negligence of the postal employee who placed the package where someone might slip on it. The defendant moved to dismiss the complaint...

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