GROSS v. UNITED STATES

Civ. No. 19683.

177 F.Supp. 766 (1959)

Florence GROSS and Raphael Gross, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

August 17, 1959.


Attorney(s) appearing for the Case

Arthur D. Spatt, New York City, for plaintiffs.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for defendant. John E. Hurley, Asst. U. S. Atty., Brooklyn, of counsel.


BRUCHHAUSEN, Chief Judge.

The defendant moves for an order, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C., dismissing this action for lack of jurisdiction.

The plaintiffs sue under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), which permits suits against the Government for personal injuries caused by the negligence "of any employee of the Government while acting within the scope of his office or employment." Employees of...

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