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DAVALLOU v. UNITED STATES

No. 20-1523.

998 F.3d 502 (2021)

A. Michael DAVALLOU, Plaintiff, Appellant, v. UNITED STATES, Defendant, Appellee, Ancient and Honorable Artillery Company of Massachusetts; Emery A. Maddocks, Jr., Defendants.

United States Court of Appeals, First Circuit.

May 25, 2021.

Attorney(s) appearing for the Case

Scott E. Charnas , with whom Charnas Law Firm, P.C., New York, NY, Thomas R. Murphy , Law Offices of Thomas R. Murphy, LLC, Osceola, IA, Kevin J. Powers , and Law Offices of Kevin J. Powers were on brief, for appellant.

Thomas E. Kanwit , Assistant United States Attorney, with whom Andrew E. Lelling , United States Attorney, was on brief, for appellee.

Before Lynch, Kayatta, and Barron, Circuit Judges.

Michael Davallou alleges that he suffered permanent hearing damage when the Massachusetts Army National Guard (MANG) negligently fired military artillery "in close proximity" to him while he walked through Boston Common. He filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§...

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