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BAGNER v. U.S.

No. 1:05-CV-512.

428 F.Supp.2d 101 (2006)

David BAGNER, Plaintiff, v. UNITED STATES of America, Defendant. United States of America, Third-party Plaintiff, v. Emily Hart, Third-party Defendant.

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

May 2, 2006.

Attorney(s) appearing for the Case

Finkelstein & Partners, LLP (George P. Conway, Esq., of Counsel), Newburgh, NY, Kreindler & Kreindler (Hilary B. Taylor, Esq., Paul S. Edelman, Esq., of Counsel), New York City, for Plaintiff.

United States Department of Justice (Rodney Patton, Esq., of Counsel), Washington, DC, for Defendant and Third-party Plaintiff.

MEMORANDUM DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff David Bagner ("plaintiff' or "Bagner") filed suit against the United States of America ("defendant") pursuant to the Suits in Admiralty Act, 42 U.S.C. § 741 ("SIAA"), alleging that the injuries he sustained in a jet ski accident were caused by the negligence of the Army Corps of Engineers ("Corps"). Specifically, he argues that the Corps...

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