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ROSENBERGER v. U.S.

No. 87 CIV. 0211 (PKL).

666 F.Supp. 41 (1987)

Nancy ROSENBERGER, Plaintiff, v. UNITED STATES of America, United States Department of Justice, Drug Enforcement Administration, Defendant. UNITED STATES of America, Third-Party Plaintiff, v. Stephen Arin HERZIG, M.D., Third-Party Defendant.

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

July 22, 1987.

Attorney(s) appearing for the Case

Kathleen P. Solerwitz, Mineola, N.Y., for plaintiff.

Rudolph W. Giuliani, U.S. Atty. for S.D. N.Y. (Amy Rothstein, of counsel), for defendant.

OPINION & ORDER

LEISURE, District Judge:

This is a wrongful death action brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-80. Plaintiff charges the defendant with having negligently caused the suicide of plaintiff's deceased, a Government employee at the time of his death. Defendant moves, pursuant to Fed.R.Civ.P. 12(h)(3), to dismiss the action for lack of subject matter...

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