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BENNETT v. U.S.

No. CIV.A.03-11442 RCL.

389 F.Supp.2d 121 (2005)

Joan BENNETT, Barbara Ann Bennett, Judith Ewell, Nancy Derderian, Robert Bennett, Susan Mary Bennett, Walter Bennett, Jr., Brenda Thorburg, Francine Wilbanks, William Bennett, and Geraldine Proszek, Plaintiffs v. UNITED STATES of America, et al Defendants

United States District Court, D. Massachusetts.

September 30, 2005.

Attorney(s) appearing for the Case

Paul J. Gannon, Gannon & Hurley, P.C., Francis J. Hurley, Gannon & Hurley, PC, Boston, MA, Plaintiffs.

Stacey Bosshardt, U.S. Department of Justice, Torts Branch, Catherine J. Finnegan, U.S. Department of Justice, Allen L. Lanstra, U.S. Department of Justice, Keith H. Liddle, Department of Justice Civil Division, Torts Branch, Washington, DC, for Defendant.

MEMORANDUM AND ORDER ON THE MOTION OF THE UNITED STATES TO DISMISS

LINDSAY, District Judge.

This action is brought against the United States and H. Paul Rico1 by the eleven surviving children of Walter Bennett. The case arises out of the circumstances of Walter Bennett's murder on or about December 23, 1967. The plaintiffs allege that Stephen J. Flemmi murdered Walter Bennett, and that at the time of the murder, Flemmi was both...

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