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KLEIN v. UNITED STATES

No. 304, Docket 25500.

268 F.2d 63 (1959)

Ernest KLEIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 17, 1959.

Attorney(s) appearing for the Case

Oswald Vischi, of Raphael, Searles, Levin & Vischi, New York City (Bernard Koenigsberg, of Raphael, Searles, Levin & Vischi, New York City, on the brief), for plaintiff-appellant.

Cornelius W. Wickersham, Jr., U. S. Atty., E.D.N.Y., Brooklyn, N. Y. (Robert A. Morse and Myron Beldock, Asst. U. S. Attys., Brooklyn, N. Y., on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

Plaintiff seeks damages under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), because he was detained and searched when he went on board the S.S. Statendam at the Holland-America pier in Hoboken, New Jersey, on the morning of November 6, 1957, to meet his brother and sister-in-law before they cleared customs on their arrival from Europe. He concedes that he did not have the necessary Customs pass to be within the customs lines, but claims he was...

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