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BARRETT v. UNITED STATES

76 Civ. 381 (CBM).

622 F.Supp. 574 (1985)

Elizabeth BARRETT, Individually and as Administratrix of the Estate of Harold Blauer, Deceased, Plaintiff, v. UNITED STATES of America, James Cattell, Newton Bigelow, David Marcus, Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy, John H. Derrick and George S. Leonard, Defendants.

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

October 8, 1985.

Attorney(s) appearing for the Case

Bower & Gardner by Michael M. Futterman, Laurie A. Kamaiko, Angela Delfino-Vitali, New York City, for defendant Dr. James P. Cattell.

Frederick H. Block, New York City, for defendant David Marcus.

Pileckas & Pileckas by Paul L. Pileckas, Rome, N.Y., for defendant Newton Bigelow.

Baer, Marks & Upham by Eugene R. Scheiman, Deborah R. Linfield, New York City, for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Susan Millington Campbell, New York City, for defendants U.S., Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy, John H. Derrick and George S. Leonard.

OPINION

MOTLEY, Chief Judge.

Plaintiff Elizabeth Barrett has commenced this civil rights action both individually and as Administratrix of the Estate of Harold Blauer. Her causes of action against the various defendants arise out of the death of Mr. Blauer in January, 1953 after his fifth injection of a mescaline derivative drug. Twenty years after settling a wrongful death action brought against the State of...

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