RAYFIEL, District Judge.
These are cross-motions. The defendant moves for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., and the plaintiff cross-moves for judgment on the pleadings pursuant to Rule 12.
The complaint herein is entitled "Complaint For Negligence Under The Federal Tort Claims Act" and contains five causes of action. Each cause of action is based
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