OLD COLONY INS. CO. v. UNITED STATES

Civil Action No. 792.

74 F.Supp. 723 (1947)

OLD COLONY INS. CO. v. UNITED STATES.

District Court, S. D. Ohio, W. D.

June 17, 1947.


Attorney(s) appearing for the Case

Pickrel, Schaeffer & Ebeling, of Dayton, Ohio, for plaintiff.

Ray J. O'Donnell, U. S. Dist. Atty., of Dayton, Ohio, for defendant.


NEVIN, District Judge.

This day this cause came on to be heard on the motion to dismiss heretofore, to-wit, on May 13, 1947, filed by and on behalf of defendant, The United States of America.

In its motion, defendant moves the court to dismiss this action "on the grounds (among others) that the Federal Tort Claims Act [28 U.S.C.A. § 921 et seq.] does not authorize the maintenance of suits upon Derivative Claims."

Upon consideration of the motion...

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