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MESSENGER v. UNITED STATES

No. 201, Docket 23269.

231 F.2d 328 (1956)

Arra Ray MESSENGER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 16, 1956.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Harvey Goldstein, New York City, of counsel), for plaintiff-appellant.

Warren E. Burger, Asst. Atty. Gen., Leonard P. Moore, U. S. Atty. for Eastern Dist. of New York, Brooklyn, N. Y., Melvin Richter and Lester S. Jayson, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

This claim against the United States is asserted under the Torts Claim Act, 28 U.S.C. §§ 1346, 2401, 2671 et seq. It arises out of injuries sustained on May 11, 1948 and was barred in May, 1950 by the two-year statute of limitations. The complaint was filed on December 22, 1948. Although there is no record entry of any service of process upon the United States, it was later asserted without contradiction, and we take it to be the fact...

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