BROADWAY OPEN AIR THEATRE v. UNITED STATES

Civ. No. 1702.

119 F.Supp. 950 (1953)

BROADWAY OPEN AIR THEATRE, Inc. et al. v. UNITED STATES.

United States District Court, E. D. Virginia.

June 4, 1953.


Attorney(s) appearing for the Case

Hirschler & Fleischer, Richmond, Va., for plaintiffs.

A. Carter Whitehead, U. S. Atty., Richmond, Va., for defendant.


HUTCHESON, Chief Judge.

Since hearing argument of counsel on the defendant's motion to dismiss, I have concluded that the said motion should be granted and this action dismissed for lack of jurisdiction in this Court to entertain the suit.

While it would appear from Section 1346(b) of Title 28 U.S.C.A. that the plaintiffs may maintain this action, I am now convinced that under Section 2680(c) of Title 28 U.S.C.A. such cause of action as the plaintiffs have...

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