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BRUNELL v. UNITED STATES

77 F.Supp. 68 (1948)

BRUNELL v. UNITED STATES.

District Court, S. D. New York.

April 9, 1948.

Attorney(s) appearing for the Case

M. H. Rosenhouse, of New York City (T. Bernard Eisenstein, of New York City, of counsel), for plaintiff.

John F. X. McGohey, U. S. Atty., of New York City (Nathan Skolnik, of New York City, of counsel), for defendant.

RYAN, District Judge.

Defendant, United States of America, moves before answer under Rule 12(b), Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, for an order and judgment dismissing the complaint on the grounds (1) that the court lacks jurisdiction of the subject-matter of the action, and (2) that the complaint fails to state a claim against the United States of America upon which any relief can be granted.

Plaintiff sues under the Federal...

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