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OSTERTAG v. UNITED STATES

Civ. No. 12455.

124 F.Supp. 271 (1954)

Bruce A. OSTERTAG, an infant, by Robert Ostertag, his guardian ad litem, and Robert Ostertag, individually, Plaintiffs, v. UNITED STATES of America, Defendant.

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

July 13, 1954.

Attorney(s) appearing for the Case

Kamen & Ostertag, New York City, for plaintiffs, Sol S. Ostertag, New York City, of counsel.

Leonard P. Moore, U. S. Atty. for the Eastern Dist. of New York, Brooklyn, N. Y., for defendant, Arthur D. Hickerson, Brooklyn, N. Y., of counsel.

BYERS, District Judge.

This is a suit under the Federal Tort Claims Act in which recovery is sought by the infant plaintiff for injuries suffered by him on December 13, 1951 at about 10:50 a. m.; and by his father for medical and surgical expenses arising in connection therewith.

There is no dispute that the infant plaintiff was standing near the curb in front of the premises No. 1568 East 9th Street, Brooklyn, at the time in question and fell into the gutter...

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