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QUAGLIANO v. UNITED STATES

No. 65 Civ. 3412.

293 F.Supp. 670 (1968)

Margaret V. QUAGLIANO, individually and as mother and natural guardian of Michele L. Quagliano, Plaintiffs, v. The UNITED STATES of America and Maria Vito and Edward A. Vito, Defendants.

United States District Court S. D. New York.

November 27, 1968.

Attorney(s) appearing for the Case

Minnie Warshaw and Donald S. Sherwood, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, New York City, for the United States; Brian J. Gallagher, Asst. U. S. Atty, of counsel.

Richard R. Reigi, Staten Island, N. Y., for Maria Vito and Edward A. Vito.

OPINION

MacMAHON, District Judge.

Plaintiffs move under Rule 60(b) (6), Fed.R.Civ.P., to vacate and set aside a judgment entered against them for failure to prosecute. Rule 41(b), Fed.R.Civ. P. Defendants Maria Vito and Edward A. Vito cross-move for interest on the proceeds of the National Service Life Insurance policy which was the subject of this action. We will consider the motions in order.

This action was instituted on November 12, 1965. Plaintiffs...

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