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ZUCKERBRAUN v. GENERAL DYNAMICS CORP.

Civ. No. H-90-401 (EBB).

755 F.Supp. 1134 (1990)

David ZUCKERBRAUN, Plaintiff, v. GENERAL DYNAMICS CORP., et al., Defendants.

United States District Court, D. Connecticut.

December 6, 1990.

Attorney(s) appearing for the Case

James J. Courtney, Suisman, Shapiro, Wool, Brennan & Gray, New London, Conn., for plaintiff.

Francis H. Morrison, III, Day, Berry & Howard, James M. Moher, Jack G. Steigelfest, Howard, Kohn, Sprague & Fitzgerald, Wesley W. Horton, Charles M. Rice, Jr., Moller, Horton & Fineberg, George C. Vitelli, Robinson & Cole, Hartford, Conn., Raymond B. Biaginin, Margaret M. Antinori, William R. Stoughton, Herbert L. Fenster, McKenna & Cuneo, Washington, D.C., Matthew D. Powers, Edward R. Reines, W. Reece Bader, Orrick, Herrington & Sutcliffe, San Francisco, Cal., Debra J. Kossow, Sr. Admiralty Counsel, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., John F. Conway, New Haven, Conn., for defendants.

RULING ON MOTIONS TO DISMISS

ELLEN B. BURNS, Chief Judge.

The plaintiff, as Administrator of the Estate of Earl Patton Ryals, filed this suit in connection with the incident on May 17, 1987, in which the USS Stark was fired on by an Iraqi F-1 Mirage aircraft while cruising in the Persian Gulf. Thirty-seven United States Navy sailors, including the plaintiff's decedent, were killed. Jurisdiction is founded on 28 U.S.C. § 1331, and this case was...

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