MORGAN v. UNITED STATES

Civ. A. No. 19-56.

143 F.Supp. 580 (1956)

Anne MORGAN, William Morgan, an infant by his Guardian ad litem Robert Morgan and Robert Morgan, individually, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. New Jersey.

August 29, 1956.


Attorney(s) appearing for the Case

Jerome L. Yesko, Paterson, N. J., for plaintiffs.

Herman Scott, Acting U. S. Atty., Passaic, N. J., for the Government.


WORTENDYKE, District Judge.

In this action under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., the Government moves for dismissal under Rule 12(b) (6) of the Rules of Civil Procedure, 28 U.S.C.A., contending that the complaint fails to state a claim against defendant upon which relief can be granted because barred by the two-year period of limitation set forth in 28 U.S.C.A. § 2401(b). This Court derives jurisdiction of the action from 28 U.S...

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