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VANZANDT v. FISH AND WILDLIFE SERVICE

No. 05-CV-6093 CJS.

524 F.Supp.2d 239 (2007)

Barbara VANZANDT, Individually, and as Executrix of the Estate of Frank VanZandt, deceased, Plaintiffs, v. FISH AND WILDLIFE SERVICE, a Federal Agency under the United States Department of the Interior, Ellen Kiley, and "John Doe," a fictitious name identifying Seven separate, but otherwise unknown, Individuals, Defendants.

United States District Court, W.D. New York.

November 29, 2007.

Attorney(s) appearing for the Case

Robert J. Burke, Esq., Burke, Albright, Harter & Reddy, LLP, Rochester, NY, for Plaintiffs.

Terrance P. Flynn United States Attorney by Christopher V. Taffe, A.U.S.A., United States Attorney's Office, Rochester, NY, for Defendants.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is a Federal Tort Claims Act ("FTCA") action in which Plaintiffs1 complain that agents of the Fish and Wildlife Service tortuously injured them, causing money damages. The case is now before the Court on Defendants' second motion (Docket No. 22) to dismiss the third cause of action, and for summary...

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