UNITED STATES v. PITTSLEY

Civ. A. No. 7752.

86 F.Supp. 463 (1949)

UNITED STATES v. PITTSLEY et al.

United States District Court D. Massachusetts.

September 13, 1949.


Attorney(s) appearing for the Case

George F. Garrity, U. S. Atty., Charles J. Kalinauskas, Asst. U. S. Atty., Boston, Mass., for plaintiff.

Francis D. Mone, Taunton, Mass., for defendant Pittsley.

McGregor & McGregor, Taunton, Mass., for defendant Costa.


SWEENEY, Chief Judge.

The motion to dismiss the counterclaim is to be allowed. If there is doubt whether a counterclaim may be filed against the United States it is better to have it determined at once in order that the defendants' rights to file an original suit may not be carried beyond the period of the statute of limitations. It seems clear from a review of the sovereign's immunity from suit that any waiver of such immunity cannot be accomplished except by language...

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