Zabala Clemente v. U.S., No. 77-1156
| Decision Date | 05 October 1977 |
| Docket Number | No. 77-1156 |
| Citation | Zabala Clemente v. U.S., 567 F.2d 1140 (1st Cir. 1977) |
| Parties | Vera ZABALA CLEMENTE et al., Plaintiffs, Appellees, v. UNITED STATES of America, Defendant, Appellant. . Heard |
| Court | U.S. Court of Appeals — First Circuit |
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123 cases
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Irving v. U.S.
...may not be founded on the Federal Tort Claims Act if state law recognizes no comparable private liability." Zabala Clemente v. United States, 567 F.2d 1140, 1149 (1st Cir.1977), cert. denied, 435 U.S. 1006, 98 S.Ct. 1876, 56 L.Ed.2d 388 (1978). "`[T]he test established by the Tort Claims Ac......
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In re All Maine Asbestos Litigation
...manner." Indian Towing Co. v. United States, 350 U.S. 61, 64-65, 76 S.Ct. 122, 124-125, 100 L.Ed. 48 (1955); Zabala Clemente v. United States, 567 F.2d 1140, 1145 (1st Cir.), cert. denied, 435 U.S. 1006, 98 S.Ct. 1876, 56 L.Ed.2d 388 (1978); Restatement (Second) of Torts §§ 323, 324A (1965)......
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Mr. (Vega Alta) v. Caribe General Elec. Products
...This law of the place requirement means that a claim under the FTCA must have some private analog in state law. Clemente v. United States, 567 F.2d 1140, 1143 (1st Cir. 1977); Myers v. United States, 17 F.3d 890, 899 (6th Cir.1994) (stating that 28 U.S.C. § 2674 requires "some relationship ......
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Kassel v. US VETERANS'ADMIN.
...reconsideration, the Court finds that the Government is immune from liability under these circumstances. See Zabala Clemente v. United States, 567 F.2d 1140, 1149 (1st Cir.1977), cert. denied, 435 U.S. 1006, 98 S.Ct. 1876, 56 L.Ed.2d 388 (1978) (the FTCA "simply cannot apply where the claim......
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1 books & journal articles
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Section 10.52 Air Traffic Controller Liability
...duties, however, are generally set forth in the FAA’s (Federal Aviation Administration’s) ATC manuals. Zabala Clemente v. United States, 567 F.2d 1140 (1st Cir. 1977). The general duty of air traffic controllers is to provide for the safe, orderly, and expeditious flow of air traffic. Kack ......