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MYERS v. UNITED STATES

Civ. No. 6571.

162 F.Supp. 913 (1958)

Jeanett Mae MYERS, as Administratrix of the Goods, Chattels and Credits of George Richard Myers, Deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court N. D. New York.

June 24, 1958.

Attorney(s) appearing for the Case

Robinson & Holcombe, Plattsburgh, New York, for plaintiff.

Theodore F. Bowes, Syracuse, N. Y., U. S. Atty., Charles J. Miller, Asst. U. S. Atty., Syracuse, N. Y., of counsel, for the United States.

FOLEY, District Judge.

The government, by notice of motion, moves to dismiss this action under the Federal Tort Claims Act upon the general grounds that the complaint fails to state a claim upon which relief can be granted. Three specific reasons are set forth, but the general challenge is sufficient for my conclusion. The facts upon which the complaint is based are of an old vintage. It is alleged that the deceased, while employed by the Works Progress Administration...

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