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PIGNATARO v. UNITED STATES

Civ. No. 19304.

172 F.Supp. 151 (1959)

John A. PIGNATARO, an infant under the age of fourteen years, by Joseph A. Pignataro, his next friend, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

April 9, 1959.

Attorney(s) appearing for the Case

Robert S. Buttles, New York City, for plaintiff.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., for defendant, James M. FitzSimons, New York City, of counsel.

ZAVATT, District Judge.

This is a motion to dismiss the complaint which is brought under the Federal Tort Claims Act. The complaint alleges that on or about January 25, 1954 the plaintiff, who was then fourteen months of age, was a passenger with his father and other members of his family on a flight from Dhahran, Saudi Arabia to Asmara, Eritrea aboard an unpressurized C-47 airplane owned by the defendant, and operated...

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