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CLAUDIO v. U.S.

No. CV-94-5220.

907 F.Supp. 581 (1995)

Edward CLAUDIO and Edna Claudio Plaintiffs, v. UNITED STATES of America and Ken's Marine Service, Inc. in personam, and T/B NATHAN BERMAN, et al. Defendants.

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

November 16, 1995.

Attorney(s) appearing for the Case

John P. James, Friedman, Biondi & James, New York City, for plaintiffs.

Joseph Donat, Herzfeld & Rubin, New York City, for Ken's Marine.

Janis G. Schulmeisters, Zachary W. Carter, Frank W. Hunger, and United States Department of Justice, Torts Branch, Civil Division, New York City, for the U.S.

MEMORANDUM AND ORDER

GLASSER, District Judge:

BACKGROUND

This is an action by plaintiffs Edward Claudio and Edna Claudio seeking damages for personal injuries sustained by Edward Claudio ("Claudio") on October 1, 1993, when he fell into the hold of the tank barge Nathan Berman. Defendant Ken's Marine Service Inc. ("KMS") was performing cleanup tasks on the Nathan Berman on that date pursuant to a contract with the United States Coast...

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