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UNITED STATES v. VERNON CAB COMPANY

Civ. A. No. 53-1160.

125 F.Supp. 335 (1954)

UNITED STATES of America v. VERNON CAB COMPANY and Robert W. Neff.

United States District Court D. Massachusetts.

November 2, 1954.

Attorney(s) appearing for the Case

Anthony Julian, U. S. Atty., Charles F. Choate, Asst. U. S. Atty., Boston, Mass., for plaintiff.

Thomas J. Donnelly, Springfield, Mass., for defendant.

ALDRICH, District Judge.

The defendant in an action for damage to a government motor vehicle has filed a counterclaim for damages to his own vehicle arising out of the same accident. The government has filed a motion to dismiss the counterclaim, based on the ground that the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq., makes no provision for counterclaims, but only for original suits. The government cites United States v. Pittsley, D.C.Mass...

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