SPELAR v. UNITED STATES

No. 33, Docket 21041.

171 F.2d 208 (1948)

SPELAR v. UNITED STATES.

United States Court of Appeals Second Circuit.

December 8, 1948.


Attorney(s) appearing for the Case

Arnold B. Elkind, of New York City (Gerald F. Finley, of New York City, on the brief), for plaintiff-appellant.

Frank J. Parker, Chief Asst. U. S. Atty., of Brooklyn, N. Y. (J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y., on the brief), for defendant-appellee.

Before L. HAND, Chief Judge, and AUGUSTUS N. HAND and CLARK, Circuit Judges.


CLARK, Circuit Judge.

Does the exclusion from the coverage of the Federal Tort Claims Act of any "claim arising in a foreign country," 28 U. S.C.A. § 943(k), Revised Title 28 U.S.C.A. § 2680(k), prevent recovery from the United States of America for wrongful death occurring on a Government airfield in Newfoundland in an area covered by a 99-year lease and executive agreement as a part of the famous "destroyer deal" between Great Britain and the United States...

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