SMITH v. UNITED STATES

Civ. No. 1450.

116 F.Supp. 801 (1953)

SMITH v. UNITED STATES.

United States District Court, D. Delaware.

November 19, 1953.


Attorney(s) appearing for the Case

Thomas Herlihy, Jr., and Morris Cohen, Wilmington, Del., for plaintiff.

Leonard G. Hagner, U. S. Atty., Wilmington, Del., for the United States.


LEAHY, Chief Judge.

On June 3, 1953, a motion to dismiss the complaint was denied; D.C.Del., 113 F.Supp. 131. On June 8, 1953, the Supreme Court decided the case of Dalehite v. United States, 346 U.S. 15, 73 S.Ct. 956, adversely to the plaintiff therein. On July 1, 1953, defendant renewed its motion to dismiss on the strength of the Dalehite decision. The sole question involved is whether Dalehite...

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