DUENGES v. UNITED STATES


114 F.Supp. 751 (1953)

DUENGES v. UNITED STATES.

United States District Court S. D. New York.

September 22, 1953.


Attorney(s) appearing for the Case

Nathan Dechter, New York City, for plaintiff.

J. Edward Lumbard, New York City, for defendant.


EDELSTEIN, District Judge.

The Government moves to dismiss the complaint on the ground, among others, that the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq., under which suit has been brought, specifically excludes the action. The plaintiff was arrested and imprisoned for desertion from the Army, when in fact he had been honorably discharged, as found by the military tribunal which ultimately exonerated him. The complaint alleges that the Government...

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