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HOFFMAN v. U.S.

No. 93-6-CIV-4-H.

862 F.Supp. 1431 (1994)

Howard HOFFMAN, Administrator of the Estate of Timothy Hoffman, and individually, and Carol Hoffman, Plaintiffs, v. UNITED STATES of America, Defendant & Third-Party Plaintiff, v. AIRWAY MOVING AND STORAGE, INC., Third-Party Defendant.

United States District Court, E.D. North Carolina, New Bern Division.

June 13, 1994.

Attorney(s) appearing for the Case

Franklin D. Pope, Robinson, Pope and Pope, Jacksonville, NC, for plaintiffs.

Linda Kaye Teal, Asst. U.S. Atty., Raleigh, NC, for the U.S.

Steven M. Sartorio, Smith, Anderson, Blount, Dorsett, Mitchell and Jernigan, Raleigh, NC, for defendant.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on defendant's motion for summary judgment and third-party defendant's motion for summary judgment. Plaintiffs brought this action for wrongful death after their child was struck by a truck after leaving the defendant's bookmobile. The defendant, the United States, filed a third-party complaint against the operator of the truck which actually struck and killed the child. In a Memorandum...

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