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MURPHY v. UNITED STATES

Civ. No. 5591.

113 F.Supp. 345 (1953)

MURPHY et al. v. UNITED STATES.

United States District Court W. D. New York.

July 31, 1953.

Attorney(s) appearing for the Case

Richard R. Wozniak, North Tonawanda, N. Y., for plaintiffs.

John O. Henderson, U. S. Atty., Buffalo, N. Y. and (James R. Privitera, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for defendant.

KNIGHT, Chief Judge.

Defendant has moved on the complaint, answer, and affidavits of James R. Privitera, Glen E. Bagshaw, James G. Tyler and George L. Parnell, each verified on the 17th day of July, 1953, and the deposition of Glen E. Bagshaw taken on the 23d day of April, 1953, for an order dismissing the complaint.

The facts in this lawsuit are not very much in dispute, except the defendant contends that the government was not liable for the acts of Bagshaw...

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