UNITED STATES v. NEW YORK CITY OMNIBUS CORP.


128 F.Supp. 86 (1955)

UNITED STATES of America, Plaintiff, v. NEW YORK CITY OMNIBUS CORP., Defendant.

United States District Court, S. D. New York.

February 7, 1955.


Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., New York City, Teresa M. Steele, Asst. U. S. Atty., Jackson Heights, N. Y., of counsel, for plaintiff.

William T. Granfield, New York City, for defendant.


BICKS, District Judge.

In this action by the United States of America for property damage to an army bus allegedly resulting from the negligent operation of defendant's bus, defendant counterclaims for damage to its vehicle. Plaintiff moves to dismiss said counterclaim contending that the Court lacks jurisdiction to render an affirmative judgment against it on a counterclaim.

The Federal Tort Claims Act, 28 U.S.C. 1346(b), confers jurisdiction on the District...

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