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presented, plaintiff had shown no right to relief. On February 4, 1985, plaintiff filed a notice of appeal to the U.S. Court of Appeals for the First Circuit. The Court of Appeals affirmed the judgment of the District Court in a November 7, 1985, opinion.

10. [[underline]] In Re the Estate of Dr. Joseph H. Kler [[/underline]]

In January 1985 the heirs of Dr. Joseph Kler petitioned the Superior Court of New Jersey for a construction of that part of Dr. Kler's will bequeathing that portion of his "pewter collection on loan to [the Smithsonian] at the time of [his] death." The heirs contended that Dr. Kler's failure to execute and return a loan renewal agreement, in between the time it was received and the time he died, was an expression of his displeasure at learning that the pewter had been removed from display while the exhibit area was being refurbished. They asked the court to construe the term "on loan" to mean those items for which there was a signed loan renewal form.

The Justice Department, representing the Smithsonian, arranged for the removal of the case from the state court to the Federal District Court of the District of New Jersey and subsequently filed a motion to have this case dismissed for lack of subject matter jurisdiction. Before this motion could be heard, the heirs indicated a willingness to withdraw their suit if the museum would explain in writing its plan for the pewter collection in question. A letter was sent from the Director of the National Museum of American History to the plaintiffs describing what the museum hoped to do with the collection but expressly making no commitments. The letter was acceptable to the heirs, the heirs signed a released of any and all claims, and the case was dismissed with prejudice by the Court on October 12, 1985.

11. [[underline]] Nichols v. United States [[/underline]]

This suit was brought under the Federal Tort Claims Act in the U.S. District Court for the Eastern District of Virginia in June 1985. Plaintiff, a passenger in a truck that collided with an SI vehicle, alleged that she was injured as a result of negligence on the part of the SI driver and sought damages in the amount of $75,000. Plaintiff's administrative claim had been denied because of alleged contributory negligence on the part of the plaintiff. A settlement agreement was reached on November 20, 1985, whereby plaintiff was awarded $20,000.

12. [[underline]] Ross v. United States [[/underline]]

This suit was filed in the U.S. District Court for the Southern District of New York on July 10, 1984. Suit was brought by Mrs. Ross under the Federal Tort Claims Act in the amount of $1,000,000 for a dislocated knee and a permanent limp which she alleged were sustained as a result of falling on a slippery floor at the Cooper-Hewitt Museum. Her husband had also filed suit under the Federal Tort Claims Act in the amount of $100,000 for loss of consortium. Unable to find any evidence of negligence on the part of the Smithsonian, the Institution had denied the plaintiffs' administrative claims. On September 9, 1985, the Court discontinued the case, on consent of the parties.