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CALLAHAN v. U.S.

No. CIV.A.02-123720RCL.

337 F.Supp.2d 348 (2004)

Mary Jane CALLAHAN, Individually and as Administratrix of the Estate of John B. Callahan, Kathleen Ellen Phelps, and Patrick Shawn Callahan, Plaintiffs, v. THE UNITED STATES of America, et al., Defendants.

United States District Court, D. Massachusetts.

September 28, 2004.

Attorney(s) appearing for the Case

William A. Brown, Boston, MA, A. Douglas Matthews, Fall River, MA, for Robert Fitzpatrick, Defendant.

Katherine A. Carey, Margaret Krawiec, Pater Schlossman, Torts Branch, Civil Division, U.S. Department of Justice, Washington, DC, Catherine J. Finnegan, U.S. Department of Justice, Washington, DC, for USA, Defendant.

James P. Duggan, Boston, MA, Stephen Neyman, Boston, MA, for Kathleen Ellen Phelps, Mary Jane Callahan, Patrick Shawn Callahan, Plaintiffs.

Edward J. Lonergan, Boston, MA, E. Peter Mullane, Mullane, Michel & McInnes, Cambridge, MA, for John J. Connolly, Jr., Defendant.

MEMORANDUM AND ORDER ON THE UNITED STATES' MOTION TO DISMISS

LINDSAY, District Judge.

I. INTRODUCTION

This is an action brought by Mary Jane Callahan (the "plaintiff"), individually and as administratrix of the estate of John B. Callahan (the "Estate"), and individual members of the Callahan family against the United States of America and others.1 The case arises out of the circumstances surrounding the death...

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