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SMITH v. U.S. COAST GUARD

No. 01 CIV. 5936(WCC).

220 F.Supp.2d 275 (2002)

Nancy Lee SMITH, individually and on her own behalf and on behalf of: Joshua Osborne, Jonathan Osborne and Thomas Osborne, minors by their parent and guardian Nancy Lee Smith, Kevin McGinn, individually and on his own behalf and on behalf of: Erin McGinn, Connor McGinn and Rebecca McGinn, minors by their parent and guardian Kevin McGinn, Dawn Hackett, Joseph Pecoraro, Linda Pecoraro and Michael Hurewitz, Plaintiffs, v. The UNITED STATES COAST GUARD, the States of America, John Does 1 — 50, and ABC Governmental Agencies 1 — 50, Defendants.

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

September 16, 2002.

Attorney(s) appearing for the Case

Edward R. Petkevis, P.C. (Edward R. Petkevis, of counsel), Roebling, NJ, for Plaintiffs.

James B. Comey, United States Attorney, U.S. Department of Justice, Torts Branch, Civil Division (Chris P. Reilly, Stephen R. Campbell, Asst. United States Attorneys, of counsel), Washington, DC, for defendants, United States of America.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiffs, passengers on the vessel Conservator when it capsized on August 23, 1998, bring the instant action against the United States Coast Guard ("Coast Guard") and the United States of America (collectively the "United States") claiming, inter alia, that defendants were negligent in certifying the Conservator for the carriage of passengers, failing to warn plaintiffs...

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