FINN v. UNITED STATES

Civ. A. No. 17177.

152 F.Supp. 721 (1957)

Clement FINN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

July 12, 1957.


Attorney(s) appearing for the Case

Leonard P. Moore, U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y., by Alfred Sawan, Asst. U. S. Atty., Brooklyn, N. Y., for the motion.

Irving Levine, New York City, for plaintiff, in opposition.


BYERS, District Judge.

This is a defendant's motion to dismiss the complaint under Rule 12(b) (6), Fed.Rules Civ.Proc. 28 U.S.C. in a federal tort claims case, in which it appears that the plaintiff asserts that on July 15, 1954 he was injured by a U. S. mail truck.

He was then over 19 years of age, and the action was begun by complaint filed March 14, 1957, which was within one year after he became of age.

The narrow question for decision is whether...

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