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SWANSON v. UNITED STATES

No. 74 Civ. 4692 (JMC).

435 F.Supp. 654 (1977)

Hardy Lee SWANSON, Nancy I. Swanson, James A. Alsing, and Laura S. Alsing, Plaintiffs, v. UNITED STATES of America, Defendant.

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

As Amended July 21, 1977.

Attorney(s) appearing for the Case

Speiser & Krause, New York City, for plaintiffs Hardy Swanson and Nancy Swanson; by John J. Carlino, New York City, of counsel.

Geoghan, Tutone & Grossman, New York City, for plaintiffs James Alsing and Laura Alsing; by William F. X. Geoghan, and Marc E. Grossman, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for defendant; by Frederick Schaffer, Asst. U. S. Atty., and Gary W. Allen, of counsel.

OPINION

CANNELLA, District Judge.

Judgment is granted for the defendant after a bench trial on the sole issue of liability.

Plaintiffs brought this action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346 et seq., to recover for personal injuries suffered in an airplane crash allegedly caused by defendant's negligence.1 Because the Court finds that plaintiffs have not proved the Government's negligence...

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