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RAINS v. U.S.

No. CIV-88-153C.

752 F.Supp. 71 (1990)

Peter RAINS, Plaintiff, v. UNITED STATES of America, Defendant.

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

July 19, 1990.

Attorney(s) appearing for the Case

Lustig & Brown (David H. Paige and Maurice L. Sykes, of counsel), Buffalo, N.Y., for plaintiff.

Dennis C. Vacco, U.S. Atty. (Gretchen L. Wylegala, of counsel), Buffalo, N.Y., for defendant.

BACKGROUND

CURTIN, District Judge.

Plaintiff Peter Rains brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671, et seq. The plaintiff is seeking monetary damages for injuries he suffered when he fell into a "manhole" or "inspection hole" located on a breakwater in Buffalo Harbor that is maintained by the federal government.1 According to the complaint, the plaintiff had traveled to...

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