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MOSES v. UNITED STATES

No. 4134.

43 F.2d 653 (1930)

MOSES et al. v. UNITED STATES.

District Court, E. D. New York.

July 31, 1930.

Attorney(s) appearing for the Case

Daniel Austin Shirk, of New York City, and Lowndes C. Connally and Maurice Kay, both of Washington, D. C., for plaintiffs.

Howard W. Ameli, U. S. Atty., and Albert D. Smith, both of Brooklyn, N. Y., and Ralph E. Smith and Eugene Harpole, both of Washington, D. C., for the United States.

INCH, District Judge.

On November 11, 1929, plaintiffs, as executors of the estate of Benjamin Adriance, deceased, commenced this action against the United States, to recover the sum of $52,516.36. Issue having been raised by the defendant, the suit came on for trial before me without a jury.

The answer of the defendant, in addition to denials, etc., contains two separate defenses; the first, in substance, being that the plaintiffs have no cause of action...

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