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ENGLAND v. UNITED STATES

Civ. No. 3773.

164 F.Supp. 322 (1958)

William ENGLAND and Mary England, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Illinois.

April 24, 1958.

Attorney(s) appearing for the Case

McRoberts & Hoban, East St. Louis, Ill., and William B. England, St. Louis, Mo., for plaintiffs.

C. M. Raemer, U. S. Atty., East St. Louis, Ill., for defendant.

JUERGENS, District Judge.

Plaintiffs filed their complaint alleging that they are citizens of the State of Illinois; that this is an action of a nature arising under the laws of the United States and more particularly, Section 1346(b) of Title 28 U.S.C.A.

The defendant filed its answer setting out two affirmative defenses. The first defense charges that the complaint fails to state a claim against the defendant upon which relief can be granted. The court will...

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