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COFFEY v. UNITED STATES

Civ. No. 69-1-K.

324 F.Supp. 1087 (1971)

Richard E. COFFEY and Mildred M. Coffey, Plaintiffs, v. UNITED STATES of America, Secretary of the Navy, Paul Ignatius, the Atchison, Topeka and Santa Fe Railway Company, a Kansas and California Corporation, H. L. Perkins, an individual, and an agent for the Atchison, Topeka and Santa Fe Railway Company, Defendants.

United States District Court, S. D. California.

April 12, 1971.

Attorney(s) appearing for the Case

Robert E. Law and William Andersen Dougherty, Tustin, Cal., for plaintiffs.

Edwin L. Miller, U. S. Atty., Raymond F. Zvetina, Asst. U. S. Atty., San Diego, Cal., for the United States.

John J. Balluff and Henry M. Moffat, Los Angeles, Cal., for Atchison, Topeka and Santa Fe Railway Company, and H. L. Perkins.

ORDER AND OPINION

RUSSELL E. SMITH, Chief Judge.

The motion to dismiss (Fifth Affirmative Defense) is deemed to be supplemented by the affidavits in support of the motion to dismiss, and is therefore treated as a motion for summary judgment.

Gerald C. Coffey (whose parents are the plaintiffs) was a United States Marine stationed at Camp Pendleton. He was killed while riding as a passenger in an automobile struck by a Santa Fe switch engine while...

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