PALOMO v. UNITED STATES

Civ. No. 50-59.

188 F.Supp. 633 (1960)

Vicente R. PALOMO, Plaintiff, v. UNITED STATES of America, Defendant.

District Court of Guam.

November 15, 1960.


Attorney(s) appearing for the Case

W. Scott Barrett and Walter S. Ferenz of Turner, Barrett & Ferenz, Agana, Guam, for plaintiff.

H. G. Homme, Jr., U. S. Atty., District of Guam, and Olen W. Burnett, Asst. U. S. Atty., District of Guam, Agana, Guam, for defendant.


GILMARTIN, District Judge.

This is a motion, made pursuant to Federal Rule of Civil Procedure 12(b) (1), 28 U.S.C.A., to dismiss this action for lack of jurisdiction over the subject matter.

The complaint alleges that the defendant leased certain realty from the plaintiff for the period July 1, 1951, to June 30, 1957; that during said time employees of the defendant damaged the property in the sum of $155,557.45; and that the property has never been restored...

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