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GARDNER v. U.S.

No. 94-CV-236 (FJS) (DNH).

896 F.Supp. 89 (1995)

Andy GARDNER, Plaintiff, v. UNITED STATES of America, Defendant.

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

August 14, 1995.

Attorney(s) appearing for the Case

Office of Gustave J. Detraglia, Utica, NY (Gustave J. Detraglia, Jr., of counsel), for plaintiff.

Thomas J. Maroney, United States Attorney, Syracuse, NY (William F. Larkin, Ass't U.S. Attorney, of counsel), for defendant.

SCULLIN, District Judge.

INTRODUCTION

This action is brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. for injuries allegedly sustained on August 1, 1992, when plaintiff was engaged in playing softball at the Skyline Drive baseball field located at Griffis Air Force Base. Plaintiff alleges that the United States was negligent in permitting two eight- to ten-inch holes to exist in the batter's box, having...

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