FOLEY, District Judge.
Plaintiff's complaint, filed December 30, 1948, purports to set forth a cause of action against the United States pursuant to the provisions of the Federal Tort Claims Act, §§ 921 to 946, 28 U.S.C.A., now 28 U.S.C.A. §§ 1346, 2671 to 2680.
Defendant contends that as a matter of law plaintiff cannot recover under his complaint. This contention is based upon the Second and Third Defenses set forth in the Answer. The...
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