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RUSHFORD v. UNITED STATES

No. 227, Docket 22641.

204 F.2d 831 (1953)

RUSHFORD v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided May 28, 1953.

Attorney(s) appearing for the Case

John R. Cummins, Plattsburg, N. Y., for appellant.

Alan S. Rosenthal, New York City, Warren E. Burger, Asst. Atty. Gen., Edmund Port, U. S. Atty., Syracuse, N. Y., Paul A. Sweeney, Department of Justice, Washington, D. C., for appellee.

Before L. HAND, AUGUSTUS N. HAND and FRANK, Circuit Judges.

PER CURIAM.

The plaintiff appeals from a judgment, summarily dismissing his complaint against the United States, brought under the "Federal Tort Claims Act."1 The judgment was based solely upon the complaint and answer, together with a release granted by the plaintiff to three partners, the owners of a truck, that had caused the personal injuries for which he sued. The complaint alleged that the United States was engaged in a "Reconversion...

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