ANGLO-AMERICAN AND OVERSEAS CORP. v. UNITED STATES


144 F.Supp. 635 (1956)

ANGLO-AMERICAN AND OVERSEAS CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 9, 1956.


Attorney(s) appearing for the Case

Leonard Feldman, New York City, for plaintiff.

Paul W. Williams, U. S. Atty., for Southern Dist. of New York, New York City, Amos J. Peaslee, Jr., Asst. U. S. Atty., New York City, for the United States.


WALSH, District Judge.

This is an action for a declaratory judgment and for damages under the Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq. Defendant moves to dismiss the complaint for failure to state a claim on which relief can be granted. Its motion is granted.

Plaintiff, a merchant engaged in the purchase and sale of imported food products, had agreed to buy certain lots of tomato paste which were to be imported providing the defendant...

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