SANCHEZ TAPIA v. UNITED STATES


227 F.Supp. 35 (1964)

Pedro E. SANCHEZ TAPIA, Plaintiff, v. UNITED STATES of America, Robert A. Cooper, or his Estate, et als., A. Cecil Snyder, or his Estate, Benicio Sanchez Castano, Lulu Donahue, Mary Aguayo, Defendants.

United States District Court S. D. New York.

February 17, 1964.


Attorney(s) appearing for the Case

Pedro E. Sanchez Tapia, pro se.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Stephen Charnas, New York City, of counsel, for defendant United States of America.


McLEAN, District Judge.

This is a motion by defendant United States, under Rule 12(b) (1), to dismiss the complaint on the ground that this court lacks jurisdiction over the subject matter. The original complaint is entitled "Coram Bovis or Coram Nobis — Action to Set Aside and Annul Judgment and for Damages for Deceit." It sets forth a "First Cause of Action" which asks only that a judgment be set aside and makes no mention of damages. At the time the motion...

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