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HENRY v. U.S.

No. 02CIV.10328(SCR)(GAY).

346 F.Supp.2d 496 (2004)

Rita HENRY and Tommy Henry, Jr., Plaintiffs, v. UNITED STATES of America and Burns and Roe Services Corporation, Defendants.

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

November 5, 2004.

Attorney(s) appearing for the Case

Robert J. Camera, Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh, NY, for Plaintiffs.

Suzanne M. Halbardier, Barry, Metiernan & Moore, New York, NY, for Defendants.

MEMORANDUM ORDER ADOPTING REPORT & RECOMMENDATION

ROBINSON, District Judge.

This Order addresses a Report and Recommendation ("R & R") dated February 18, 2004, in which United States Magistrate Judge George A. Yanthis recommended that Defendant United States of America's (the "Government") motion to dismiss be denied.

In reviewing a Report and Recommendation, the Court reviews those portions to which a petitioner does not object for clear...

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