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KILDUFF v. UNITED STATES

Civ. No. 2881.

248 F.Supp. 310 (1960)

James F. KILDUFF v. UNITED STATES of America.

United States District Court E. D. Virginia, at Richmond.

On Motion to Reconsider September 26, 1961.

Attorney(s) appearing for the Case

Israel Steingold, Richmond, Va., for plaintiff.

Claude V. Spratley, Jr., U. S. Atty., for the United States.

ALBERT V. BRYAN, District Judge.

Upon the motion of the United States for judgment on the pleadings upon the first count of the complaint, and upon its motion to strike a part of the second count, the Court is of opinion to sustain the first but overrule the second motion.

I. It is altogether plain that the cause of action pleaded in the first count — the failure to disclose to the plaintiff the results of his physical examinations — is a claim...

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