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BERNITSKY v. UNITED STATES

Civ. A. No. 76-841.

463 F.Supp. 1121 (1979)

Joseph BERNITSKY, Albert Bernitsky, Vincent Bernitsky and George Stenulis v. UNITED STATES of America.

United States District Court, E. D. Pennsylvania.

January 11, 1979.

Attorney(s) appearing for the Case

Thomas Rutter, Mitchell S. Pinsly, Philadelphia, Pa., for plaintiffs.

Bruce A. Menk and James P. Klapps, U. S. Dept. of Justice, Civil Division, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Plaintiffs are the owners and operators of a small independent coal mine located in Schuylkill County, Pennsylvania. They seek damages under the Federal Tort Claims Act (FTCA), alleging that defendant, through its duly authorized agents, representatives, servants and employees, did close plaintiffs' mine on February 13, 1974, and that in or about April of that year, as a proximate cause of said closure, plaintiffs...

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