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HAMILTON v. UNITED STATES

Civ. A. No. 79-2238-N.

564 F.Supp. 1146 (1983)

Maureen HAMILTON, Administratrix of the Estate of John B. Hamilton, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

April 30, 1983.

Attorney(s) appearing for the Case

Raymond J. Kenney, Jr., Clement McCarthy, Boston, Mass., for plaintiff.

Marianne Bowler, Asst. U.S. Atty., Boston, Mass., for defendant.

MEMORANDUM AND ORDER

DAVID S. NELSON, District Judge.

This suit is a wrongful death action brought by Maureen Hamilton, administratrix of the estate of John B. Hamilton, against the United States pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq. This court earlier denied a motion to dismiss and the defendant now moves for reconsideration.

In ruling on a motion to dismiss, the court must accept as true the plaintiff...

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