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DE VOS v. UNITED STATES

Civ. A. No. 9972.

121 F.Supp. 514 (1954)

DE VOS v. UNITED STATES.

United States District Court E. D. New York.

April 28, 1954.

Attorney(s) appearing for the Case

Gabriel P. Martini, New York City, for plaintiff. Lewis J. Solomon, Brooklyn, N. Y., of counsel.

Leonard P. Moore, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., for defendant. Arthur D. Hickerson, Asst. U. S. Atty., Jamaica, N. Y., of counsel.

BRUCHHAUSEN, District Judge.

The defendant moves for an order dismissing the complaint herein and for judgment on the pleadings, pursuant to Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A., upon the ground that the complaint is not authorized by the Federal Tort Claims Act and fails to state a claim upon which relief can be granted.

The complaint, in substance, alleges that the action is brought pursuant to the United States Statutes and the Federal...

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