SWEET v. UNITED STATES

Civil Action No. 621.

71 F.Supp. 863 (1947)

SWEET v. UNITED STATES.

District Court of S. D. California, N. D.

May 28, 1947.


Attorney(s) appearing for the Case

Max M. Hayden and Arthur C. Wahlberg, both of Fresno, Cal., for plaintiff.

James M. Carter, U. S. Atty., and Ronald Walker and Clarke E. Stephens, Asst. U. S. Attys., all of Los Angeles, Cal., for defendant.


YANKWICH, District Judge.

The motion of the defendant to dismiss the above-entitled cause, heretofore argued and submitted, is now decided as follows:

The motion to dismiss as to the entire complaint and especially as to Paragraphs 3, 4, 5, and 6, is denied.

I am of the view that the action is not barred either by Section 340 of the California Code of Civil Procedure or by the provisions of the Tort Claims Act, §§ 410, 420, 28 U.S.C.A. &...

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