BERGER v. UNITED STATES


170 F.Supp. 795 (1959)

Helen BERGER, Frances Berger Worland, Vernon Berger, Eulalia Berger Harsch, Henry Berger, Gertrude Berger Lewis, Florence Berger Eddings and Charles Berger, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 17, 1959.


Attorney(s) appearing for the Case

Benjamin E. Kantrowitz, New York City, for plaintiffs.

Arthur H. Christy, U. S. Atty., for Southern Dist. of New York, New York City, for defendant, Marguerite R. DeSmet, Asst. U. S. Atty., New York City, of counsel.


DIMOCK, District Judge.

Defendant has moved to dismiss the complaint for lack of jurisdiction and, in the event of denial of that motion, for an order pursuant to Section 1292(b) of Title 28 U.S.Code, permitting an interlocutory appeal from the order denying the motion to dismiss. I have already announced my denial of the motion to dismiss and nothing remains to be done with it except the entry of an order. The motion...

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