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JAMES v. UNITED STATES

Civ. A. No. 4670.

358 F.Supp. 1381 (1973)

Mary Jane JAMES, Administratrix of the Estate of Howard James v. UNITED STATES of America.

United States District Court, D. Rhode Island.

May 25, 1973.

Attorney(s) appearing for the Case

Leonard Decof, and Max Wistow, Providence, R. I., Moses Kando, Pawtucket, R. I., for plaintiff.

Lincoln C. Almond, U. S. Atty., Everett Sammartino, Asst. U. S. Atty., Providence, R. I., Stephen P. Refsell, U. S. Navy, Quonset Point, R. I., for defendant.

OPINION

PETTINE, Chief Judge.

This non-jury death action was brought under the Federal Tort Claims Act (F.T.C.A.), 28 U.S.C. §§ 1346, 2671, et seq., by the administratrix of the estate of Howard Harrison James, Jr. At the time of his death Howard James was a member of the United States Navy, stationed at Quonset Point, Rhode Island, under arrest and in the custody of the security guard. The action is based on the alleged negligence of the government...

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