UNITED STATES v. SPELAR

No. 42.

338 U.S. 217 (1949)

UNITED STATES v. SPELAR, ADMINISTRATRIX.

Supreme Court of United States.

Decided November 7, 1949.


Attorney(s) appearing for the Case

Samuel D. Slade argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Morison, Robert L. Stern and Cecelia H. Goetz.

Arnold B. Elkind argued the cause for respondent. With him on the brief was Gerald F. Finley.


MR. JUSTICE REED delivered the opinion of the Court.

The Federal Tort Claims Act is inapplicable by its terms to "any claim arising in a foreign country."1 The Court of Appeals for the Second Circuit has held that this provision does not bar suit against the Government for an allegedly wrongful death occurring at a Newfoundland air base under long-term lease to the United States.

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