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ABBOTT v. UNITED STATES

207 F.Supp. 468 (1962)

The amended Libels in personam of Alfreda ABBOTT, as Administratrix of the Estate of David W. Abbott, Deceased; et al., Libellants, v. The UNITED STATES of America, et al., Respondents. The Libels in personam of Elizabeth CUDNIK, as Administratrix of the Estate of Chester John Cudnik, Deceased; et al., Libellants, v. The UNITED STATES of America et al., Respondents. The Libel in personam of Mary A. BROWN, as Administratrix of the Estate of Vincent Brown, Deceased; etc., Libellant, v. MORAN, PROCTOR, MUESER & RUTLEDGE, et al., Respondents.

United States District Court S. D. New York.

June 8, 1962.

Attorney(s) appearing for the Case

George J. Engelman, New York City and Harry Kisloff, Boston, Mass., for libellant Abbott et al.

Whitman, Ransom & Coulson, New York City, Forbes D. Shaw and Paul M. O'Connor, Jr., New York City, of counsel, for respondent Moran, Mueser & Rutledge et al.

Nevius, Jarvis & Pilz, New York City, Macklin, Speer, Hanan & McKernan and Charles J. Carroll, Jr., New York City, of counsel, for respondents J. Rich Steers, Inc. and Morrison Knudsen Co., Inc.

Kuzmier, McKeon, Schmitt & Carberry, New York City, Kreindler & Kreindler and Paul S. Edelman, New York City, of counsel, for libellant Cudnik et al.

Frank J. Amabile, New York City, and Philip A. Tracy, Boston, Mass., for libellant Mary A. Brown.

METZNER, District Judge.

In these three libels, fourteen different libellants seek to recover damages for the wrongful death, bodily injury, and conscious pain and suffering of their decedents, who were drowned on January 15, 1961, when Texas Tower No. 4, an offshore radar station, located about eighty-four miles southeast of Coney Island, collapsed during a storm and fell into the sea. Two of the libels were filed in July 1961 and the third in December 1961. Respondents...

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