CARVELLI v. UNITED STATES

Civ. No. 19291.

174 F.Supp. 377 (1959)

Michael Frank CARVELLI, Plaintiff, v. UNITED STATES of America and William J. Warner, Jr., Defendants.

United States District Court E. D. New York.

March 11, 1959.


Attorney(s) appearing for the Case

Eli H. Mellan, Brooklyn, N. Y., for plaintiff.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for United States, L. Donald Jaffin, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.


BRUCHHAUSEN, District Judge.

The Government moves to dismiss this action against the defendant, William J. Warner, for lack of jurisdiction of the subject matter.

In the complaint, the plaintiff alleges that while operating his automobile on a public highway in this State, it was struck by a motor vehicle, owned by the Government and operated by the defendant Warner, its employee; that the accident was due to the defendant's negligence and that the plaintiff...

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