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MAYER v. U.S.

No. 89 C 3468.

774 F.Supp. 1114 (1991)

Janet MAYER, Administratrix of the Estate of John Russell Kosmos, Deceased, and Robert M. Mayer, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Illinois, E.D.

September 19, 1991.

Attorney(s) appearing for the Case

Richard A. Kerwin, David H. Lucas, Lucas, Murphy, Kerwin & Coffey, Chicago, Ill., for plaintiffs.

Linda A. Wawzenski, Attorney's Office, Chicago, Ill., for defendant.

MEMORANDUM OPINION

KOCORAS, District Judge:

This matter is before the court on the parties' cross-motions for summary judgment. For the reasons set forth below, both motions for summary judgment are denied. Defendant's immunity claim is denied and liability remains an issue for jury determination.

BACKGROUND

Plaintiffs brought this wrongful death action against the United States under the Federal Tort Claims Act ("FTCA") after their decedent...

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