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BALANCIO v. UNITED STATES

No. 277, Docket 25516.

267 F.2d 135 (1959)

Bernardo BALANCIO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided May 22, 1959.

Attorney(s) appearing for the Case

Morris Hirschhorn, New York City, for appellant.

Leavenworth Colby, Chief, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Arthur H. Christy, U. S. Atty., New York City, Samuel D. Slade, Benjamin H. Berman and Thomas P. Griesa, Attys., Dept. of Justice, Washington, D. C., of counsel, for appellee.

Before HAND and LUMBARD, Circuit Judges, and ANDERSON, District Judge.

HAND, Circuit Judge.

The plaintiff appeals from a judgment of Judge Noonan, dismissing his amended complaint under Fed.Rules Civ.Proc. Rule 12(b) (6), 28 U.S.C.A., for failure to state a claim upon which relief could be granted under the Tort Claims Act, § 1346(b) of Title 28, U.S.Code. The amended complaint alleged that the plaintiff, as a civilian seaman employed by the United States, was admitted into a public health service hospital owned and operated by...

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