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LIPARI v. SEARS, ROEBUCK & CO.

Civ. No. 77-0-458.

497 F.Supp. 185 (1980)

Ruth Ann LIPARI, and the Bank of Elkhorn, Special Co-Administrators of the Estate of Dennis F. Lipari, Deceased, and Ruth Ann Lipari, Individually, Plaintiffs, v. SEARS, ROEBUCK & CO., a New York Corporation, and United States of America, Defendants. SEARS, ROEBUCK & CO., a New York Corporation, Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

United States District Court, D. Nebraska.

July 17, 1980.

Attorney(s) appearing for the Case

William T. Ginsburg, Omaha, Neb., for plaintiff.

Frank H. Kulig, Omaha, Neb., for defendant and third-party plaintiff, Sears, Roebuck & Co.

Robert F. Kokrda, Asst. U. S. Atty., D. Neb., Omaha, Neb., for defendant and third-party defendant, U. S.

MEMORANDUM

DENNEY, District Judge.

This matter comes before the Court upon the motion of the United States to dismiss or for summary judgment [Filing # 102].

In September of 1977, Ulysses L. Cribbs, Jr., purchased a shotgun from a Sears store located in Bellevue, Nebraska. Prior to purchasing this gun, Mr. Cribbs had been committed to a mental institution, and had been receiving psychiatric care from the Veterans Administration [V.A.]. Shortly after...

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