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[[underlined]] CASES PREVIOUSLY REPORTED [[/underlined]]:

4. [[underlined]] Elliott v. United States [[/underlined]] 

This suit, filed on September 27, 1988 in the U.S. District Court for the District of Columbia, was brought under the Federal Tort Claims Act for injuries allegedly sustained by Plaintiff's minor daughter from a fall on May 1, 1987, from "Uncle Beasley" (the 22'-long fiberglass Triceratops model situated on the Mall across Madison Drive from the south entrance of the National Museum of Natural History Building). Plaintiff seeks $250,000 in damages. Trial is scheduled for March 6 and 7, 1990; however, a settlement has tentatively been reached and is awaiting approval by the Court. The settlement, for $50,000, will be paid from the Judgment Fund.

There have been no significant developments in the following cases, which have been reported previously to the Board:

5. [[underlined]] Beatty v. Smithsonian Institution, et al. [[/underlined]] (contest of the Last Will and Testament of Florence F. Evans, Item SEVENTH of which bequeaths to the Smithsonian Institution certain Indian relics purported to have belonged to Chief Sitting Bull) - Filed September 3, 1987, in the common please Court (Probate Division) of Jackson County, Ohio, by the heirs of the Testatrix. no formal appearance by the Smithsonian entered, as the Institution has no knowledge of the principal matters at issue in the proceeding. SI is being kept informed of developments by the executor of and counsel for the estate.

6. [[underlined]] In re the Estate of William H. Burnette [[/underlined]] (petition for the instructions to the proper distribution of certain art work and WWI memorabilia bequeathed to the SI Anacostia Museum) - Filed January 1986 in the Probate Division of the Superior Court of the District of Columbia. Settlement negotiations are in progress.

7. [[underlined]] Dickson v. Smithsonian Institution [[/underlined]] (discrimination on the basis of his race (white)) - Filed September 15, 1986, in the U.S. District Court for the District of Columbia. Plaintiff, who was temporarily employed as a guard in the Office of Protection Services, seeks reinstatement with full back pay and benefits and attorneys' fees. A motion to amend complaint was filed; and amended motion to dismiss or for summary judgement also was filed and is pending.

8. [[underlined]] Mac'Avoy v. The Smithsonian Institution [[/underlined]] (claim contesting the National Museum of American Art's ownership of certain paintings and drawings by Romaine Brooks that were donated to the Museum between 1966 and 1970) - Filed in July 1989 in the U.S. District Court for the District of Columbia and in the Tribunal de Grande Instance, Paris, France. Discover is under way.