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BLESY v. UNITED STATES

No. Civ-1970-556.

443 F.Supp. 358 (1978)

Gloria BLESY, an Infant, by Werner Blesy, her father and natural guardian, and Werner Blesy, Individually, Plaintiffs, v. UNITED STATES of America, Eugene Flynn and John Flynn, Defendants.

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

January 9, 1978.

Attorney(s) appearing for the Case

Paul William Beltz, P. C., Buffalo, N. Y., for plaintiffs.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (William M. Skretny, Asst. U. S. Atty., Buffalo, N. Y., and James P. Klapps, Dept. of Justice, Atty., Washington, D. C., of counsel), for defendants.

CURTIN, Chief Judge.

This case was brought under the Federal Tort Claims Act to recover damages arising out of a two-car collision in Hamburg, New York, between the plaintiff and defendant Eugene Flynn, a serviceman. The defendant United States moved for summary judgment on the issue of its liability, claiming that Flynn was not acting within the scope of his employment at the time of the accident. The parties agreed to...

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