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SANTANA v. UNITED STATES

No. 4385.

175 F.2d 320 (1949)

SANTANA et al. v. UNITED STATES.

United States Court of Appeals First Circuit.

June 10, 1949.

Attorney(s) appearing for the Case

Alberto Pico, San Juan, Puerto Rico (Jorge Luis Cordova and Hernan R. Franco, on brief), San Juan, Puerto Rico, for appellants.

Melvin Richter, Attorney, Department of Justice, Washington, D. C. (H. Graham Morison, Assistant Attorney General, Washington, D. C., Francisco Ponsa Feliu, United States Attorney, San Juan, P. R., and Samuel D. Slade, Massillon M. Heuser and Francis P. Linendoll, Attorneys, Department of Justice, Washington, D. C., on brief), for appellee.

Before MAGRUDER, Chief Judge, Woodbury, Circuit Judge, and CONNOR, District Judge.

MAGRUDER, Chief Judge.

This is an appeal from an order dismissing a complaint for lack of jurisdiction over the subject matter.

The complaint was filed under the Federal Tort Claims Act, as amended, 60 Stat. 842, 61 Stat. 7221. It alleged that plaintiffs are the sole heirs of Manuel Rey; that Manuel Rey was a member of the armed forces of the United States during the second World War, was honorably discharged from said service...

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