OPINION
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. Defendant's motion for summary judgment was denied on September 15, 1978, DiSalvatore v. United States of America,
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