ELLISON v. UNITED STATES

No. 829.

98 F.Supp. 18 (1951)

ELLISON et al. v. UNITED STATES.

United States District Court D. Nevada.

June 8, 1951.


Attorney(s) appearing for the Case

Skeen, Bayle & Russell, Salt Lake City, Utah, for plaintiffs.

William J. Cashill, Special Atty. Department of Justice, Reno, Nev., for defendant.


FOLEY, District Judge.

Defendant United States moves to dismiss plaintiffs' complaint on the following grounds: (1) Failure to state facts sufficient to constitute a claim upon which relief can be granted; (2) lack of jurisdiction under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b) and 28 U.S.C.A. §§ 2671 to 2680; and (3) — which seems to be defendant's main contention as to lack of jurisdiction — that the alleged negligent or wrongful...

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