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DiSALVATORE v. UNITED STATES

Civ. A. No. 76-1794.

456 F.Supp. 1079 (1978)

Joseph DiSALVATORE and Mary DiSalvatore, Administrator and Administratrix of the Estate of Michael DiSalvatore, Deceased v. UNITED STATES of America.

United States District Court, E. D. Pennsylvania.

September 15, 1978.

Attorney(s) appearing for the Case

Daniel L. Thistle, Beasley, Hewson, Casey, Colleran & Stopford, Philadelphia, Pa., for plaintiff.

Charles B. Burr, II, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for defendant.

MEMORANDUM

JOSEPH S. LORD, III, Chief Judge.

This action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., alleges that plaintiffs' decedent was killed as a result of defendant's negligence. The defendant has moved for summary judgment on the ground that any negligence which caused the decedent to be injured was conduct not of it or of its employees but rather of the independent contractors who were in possession...

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