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FASS v. UNITED STATES

Civ. Nos. 16288, 17031.

191 F.Supp. 367 (1961)

Estelle M. FASS, as Executrix of the Estate of Maurice I. Fass, Deceased, Plaintiff, v. UNITED STATES of America, Defendant. Alma S. RUBRECHT, as Administratrix of the Estate of Larry John Rubrecht, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

January 27, 1961.

Attorney(s) appearing for the Case

Speiser, Quinn & O'Brien, New York City, for plaintiffs; David C. Quinn, New York City, of counsel.

Cornelius W. Wickersham, Jr., U. S. Atty. E. D. New York, Brooklyn, N. Y., for defendant; James M. Fitzsimons and Lawrence J. Galardi, Asst. U. S. Attys., Brooklyn, N. Y., of counsel.

BRUCHHAUSEN, Chief Judge.

These actions are brought to recover damages for the wrongful deaths of Larry John Rubrecht and Maurice I. Fass who were killed while passengers in one of the defendant's B-25 airplanes that crashed in Greenfield Cemetery, Long Island, New York, on September 13, 1955. The case was tried before this Court, without a jury. Both actions were brought pursuant to the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq.

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