Opinion · Court of Appeals for the Second Circuit

Rotko v. Abrams

455 F.2d 992

Type: Opinion
Court: Court of Appeals for the Second Circuit
Jurisdiction: Federal
Date: 1972-02-24
Topic: general

How later courts describe this case

Feres applied when death arose out of combat in Vietnam

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UpLaw has not yet analyzed Rotko v. Abrams. The absence of a flag is not a finding that it is good law.

Cited by: 16 opinions

ROTKO v. ABRAMS,455 F.2d 992(2nd Cir. 1972)

RUSSELL J. ROTKO AND FLORENCE ROTKO, PLAINTIFFS-APPELLANTS, v. GENERAL

CREIGHTON B. ABRAMS, INDIVIDUALLY AND AS COMMANDING GENERAL, U.S. ARMED

FORCES IN VIETNAM, ET AL., DEFENDANTS-APPELLEES.

No. 423, Docket 71-1893.

United States Court of Appeals, Second Circuit.

Argued January 10, 1972.

Decided February 24, 1972.

Russell J. Rotko and Florence Rotko appeal from an order dismissing their complaint under the Federal Tort Claims Act and the Constitution.

Stanley Faulkner, New York City (Faulkner Schmidt, New York City, Gruber Turkel, Stamford, Conn., on the brief), for plaintiffs-appellants.

Morton Hollander, Atty., Department of Justice, Washington, D. C. (L. Patrick Gray, III, Asst. Atty. Gen., Robert M. Feinson, Atty., Department of Justice, Washington, D.C., and Stewart H. Jones, U.S. Atty., for the District of Connecticut, on the brief), for defendants-appellees.

Appeal from the United States District Court for the District of Connecticut; Robert C. Zampano, Judge.

Before MEDINA, KAUFMAN and TIMBERS, Circuit Judges.

PER CURIAM:

[1] We affirm on the opinion of Judge Zampano below, reported at 338 F.Supp. 46 (D.Conn. 1971).Page 1101