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UNITED SERVICES AUTOMOBILE ASSOCIATION v. UNITED STATES

No. 66 Civ. 3556.

285 F.Supp. 854 (1968)

UNITED SERVICES AUTOMOBILE ASSOCIATION, as Subrogee of Lewis R. Stark, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

May 27, 1968.

Attorney(s) appearing for the Case

Bower, O'Connor & Taylor, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for defendant; Michael D. Hess, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

Defendant moves herein for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The present action was commenced under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80, and is brought by plaintiff United Services Automobile Association as subrogee of Captain Lewis R. Stark pursuant to a subrogation agreement contained in an insurance policy between subrogor and plaintiff-insurer...

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