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HIPP v. UNITED STATES

No. 69-C-996.

313 F.Supp. 1152 (1970)

Ella HIPP, Betty Davis, Weston Hipp and William Davis, Plaintiffs, v. UNITED STATES of America and Frank P. Geraci, Defendants.

United States District Court, E. D. New York.

July 6, 1970.

Attorney(s) appearing for the Case

Gelbwaks, Pollack & Dubow, New York City, for plaintiffs; by Louis Dubow and I. Miles Pollack, New York City, of counsel.

Schreiber & Huber, Brooklyn, N. Y., for defendant Geraci; by Richard S. Bernstein, Brooklyn, N. Y., of counsel.

Edward R. Neaher, U. S. Atty., Brooklyn, N. Y., for the United States; by Cyril Hyman, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

MEMORANDUM AND ORDER

JUDD, District Judge.

The United States has moved for an order granting it leave under F.R.Civ.P. 6(b) to serve and file cross claims against its co-defendant Frank P. Geraci, after the expiration of the time allowed under F.R.Civ.P. 12(a) and 13(g).

The action was instituted against the United States and Frank P. Geraci, basing jurisdiction on the Federal Tort Claims Act. 28 U.S.C. § 1346(b). The complaint seeks damages...

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