KESO v. UNITED STATES

Civ. A. 6124.

161 F.Supp. 898 (1957)

Gerhardt S. KESO, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. New York.

October 8, 1957.


Attorney(s) appearing for the Case

Karl Goldman, Buffalo, N. Y. (Peter L. Costa, Buffalo, N. Y., of counsel), for plaintiff.

John O. Henderson, U. S. Atty., Buffalo, N. Y. (John C. Broughton, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for defendant.


MORGAN, District Judge.

The above is an action brought against the defendant under statutory permission contained in Section 1346(b) of Title 28 U.S.C.

After a careful consideration of the pleadings, the testimony of all the witnesses and the argument, the court is prepared to dispose of the motions: (a) by the defendant at the close of the plaintiff's case to dismiss the complaint for failure to prove by a fair preponderance of the evidence, the cause of...

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