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JONES v. UNITED STATES

No. 14, Docket 22687.

207 F.2d 563 (1953)

JONES et ux. v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided October 28, 1953.

Attorney(s) appearing for the Case

Clayton M. Jones, Jr., Jamestown, N. Y., for plaintiffs-appellants.

Warren E. Burger, Asst. Atty. Gen., John O. Henderson, U. S. Atty. for Western Dist. of N. Y., Buffalo, N. Y., Paul A. Sweeney, Atty., Department of Justice, Washington, D. C., and Lester S. Jayson, Atty., Department of Justice, New York City, for defendant-appellee.

Before CHASE, Chief Judge, and CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Plaintiffs' second cause of action asserts wilful misrepresentation. This claim is clearly barred by Sec. 2680 (h) of the Act. See United States v. Silverton, 1 Cir., 200 F.2d 824, at page 826. We think the first cause of action, for negligence, is also barred. Section 2680 (h) prohibits suits against the government on claims arising out of "assault, battery, false imprisonment, false arrest, malicious prosecution...

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