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DALEY v. UNITED STATES

Civ. A. Nos. 76-2705-K(A), 76-2706-K(A).

499 F.Supp. 1005 (1980)

Alida M. DALEY, Administratrix of the Estate of James H. Daley, Plaintiff, v. UNITED STATES of America, Defendant, and Alida M. DALEY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

October 6, 1980.

Attorney(s) appearing for the Case

James Keane, Trial Counsel, Edward M. Swartz, Fredric A. Swartz, Boston, Mass., for plaintiff.

Richard D. Glovsky, Asst. U. S. Atty., Boston, Mass., Stephen E. Leach, Trial Counsel, Emmett B. Lewis, Trial Atty., Admiralty & Shipping Section, U. S. Dept. of Justice, Washington, D. C., for defendant.

OPINION

ALDRICH, Senior Circuit Judge.*

These are two actions against the United States under the Federal Torts Claims Act, 28 U.S.C. § 2674, and the Suits in Admiralty Act, 46 U.S.C. §§ 741-752, alleging negligence on the part of the Coast Guard in delaying commencement, and in the ultimate conduct, of a search and rescue mission on the evening of Sunday, July 28, 1974 and the early morning hours of July 29, resulting...

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