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LIPKA v. UNITED STATES

Civ. Nos. 9488, 9583, 9584.

249 F.Supp. 213 (1965)

Agnes LIPKA, as Administratrix of the Estate, Goods, Chattels and Credits of Walter J. Lipka, Sr., Deceased, and individually and as Widow and Next of Kin of said Walter J. Lipka, and John E. Abbott, Plaintiffs, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. VAUGHN CONSTRUCTION CORPORATION, Third-Party Defendant. Olga SICKO, as Administratrix of the Estate, Goods, Chattels and Credits of John Sicko, Deceased, and individually and as Widow and Next of Kin of said John Sicko, Deceased, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. VAUGHN CONSTRUCTION CORPORATION, Third-Party Defendant. Maurice SMITH, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. VAUGHN CONSTRUCTION CORPORATION, Third-Party Defendant.

United States District Court N. D. New York.

December 8, 1965.

Attorney(s) appearing for the Case

George S. Lettko, Troy, N. Y., for plaintiffs Lipka and Abbott.

Connolly, Mirch & Murphy, Troy, N. Y., for plaintiff Sicko.

Thomas M. Monahan, Jr., Troy, N. Y., for plaintiff Smith.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., Eugene N. Hamilton, U. S. Dept. of Justice, Washington, D. C., trial counsel, Frank A. Dziduch, Asst. U. S. Atty., for defendant United States.

Donohue, Bohl & Clayton, Albany, N. Y., for defendant Vaughn Const. Corp.

CASHIN, District Judge.

On June 15, 1962 the Vaughn Construction Corporation (Vaughn) was awarded a United States government contract to modify the upstream guide walls and approach channels of the Troy Lock and Dam on the Hudson River at Troy, New York. The Lock and Dam were and are owned and operated exclusively by the United States. Among other operations at the site, a cofferdam was constructed which was to be dewatered to permit the extension of the east guide...

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