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SPAGNOLIA v. UNITED STATES

No. CIV-82-1002T.

598 F.Supp. 683 (1984)

Anne SPAGNOLIA and Augustine Spagnolia, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W.D. New York.

November 27, 1984.

Attorney(s) appearing for the Case

Mousaw, Vigdor, Reeves, Heilbronner & Kroll, Rochester, N.Y. (Donald A.W. Smith, Rochester, N.Y., of counsel), for plaintiffs.

Salvatore R. Martoche, U.S. Atty., Rochester, N.Y. (Frank P. Geraci, Asst. U.S. Atty., Rochester, N.Y., of counsel), for defendant.

DECISION AND ORDER

TELESCA, District Judge.

HISTORY OF THE CASE

This case was tried by the Court without a jury on November 20 and 21, 1984. It was stipulated by the parties that the issue of liability would be tried first pursuant to Federal Rules of Civil Procedure 42(b). Jurisdiction of this case is conferred upon this Court pursuant to 28 U.S.C. § 1346(b).

THE FACTS

The plaintiff, Anne Spagnolia, who on April 28, 1980...

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