Legal Opinion

Murphy v. United States

District Court, W.D. New York

Decided July 31, 1953No. Civ. No. 5591PublishedCited by 5 opinions

1Opinion of the Court

KNIGHT, Chief Judge.

Defendant has moved on the complaint, answer, and affidavits of James R. Privitera, Glen E. Bagshaw, James G. Tyler and George L. Parnell, each verified on the 17th day of July, 1953, and the deposition of Glen E. Bagshaw taken on the 23d day of April, 1953, for an order dismissing the complaint.

The facts in this lawsuit are not very much in dispute, except the defendant contends that the government was not liable for the acts of Bagshaw at the time of the accident.

Plaintiffs have sued to recover under the Federal Tort Claims Act, 28 U.S.C. §§ 2674, 1346(b), 2671. Glen E.…

2Cases cited10 opinions

  1. Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
  2. Wyllie v. . PalmerNew York Court of Appeals · 1893
  3. United States v. EleazerCourt of Appeals for the Fourth Circuit · 1949
  4. United States v. CampbellCourt of Appeals for the Fifth Circuit · 1949
  5. Standard Oil Co. v. ParkinsonCourt of Appeals for the Eighth Circuit · 1907

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960
  2. Wollman v. GrossDistrict Court, D. South Dakota · 1980
  3. Agnes Kelly O'TOOle v. United StatesCourt of Appeals for the Second Circuit · 1960
  4. Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960
  5. Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960

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