ÆTNA CASUALTY & SURETY CO.
v.
UNITED STATES (POST OFFICE DEPARTMENT).
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
November 4, 1948.
November 4, 1948.
Attorney(s) appearing for the Case
Edward W. Springsteen, of New York City (William A. Hyman and Harold W. Hayman, both of New York City, of counsel), for plaintiff-appellant.
H. G. Morison, of Washington, D. C., and J. Vincent Keogh, of Brooklyn, N. Y. (Paul A. Sweeney and Alvin O. West, both of Washington, D. C., and Eli Resnikoff, of New York City, of counsel), for defendant-appellee.
Before L. HAND, Chief Judge, and CLARK and FRANK, Circuit Judges.
United States Court of Appeals Second Circuit.
FRANK, Circuit Judge.
We think the dismissal was error. By the Federal Tort Claims Act,2 a suit may be maintained against the United States "on any claim * * * for money only * * * on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be...
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