TAVOLIERI v. ALLAIN

No. CA 63-207-W.

222 F.Supp. 756 (1963)

Joseph TAVOLIERI v. Frank A. ALLAIN and United States of America.

United States District Court D. Massachusetts.

October 21, 1963.


Attorney(s) appearing for the Case

Joseph F. Gargan, Asst. U. S. Atty., for U. S.

Jerome A. Polcari, Boston, Mass., for plaintiff.

Joseph L. Tauro, Jaffee & Tauro, Lynn, Mass., for defendant.


WYZANSKI, District Judge.

This case presents difficult procedural and constitutional questions with respect to the Act of September 21, 1961, 75 Stat. 539, 28 U.S.C. § 2679.

That Act, amending the Federal Tort Claims Act, relates specifically to claims for "damage * * * resulting from the operation by any employee of the Government of any motor vehicle while acting within the scope of his office or employment...

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