HOCH v. CARTER


242 F.Supp. 863 (1965)

Mariann HOCH, infant, by her guardian ad litem Ilona Hoch, and Ilona Hoch, Adela Kleiner, infant, by her guardian ad litem Dora Kleiner, and Dora Kleiner, Plaintiffs, v. Francis CARTER, Defendant.

United States District Court S. D. New York.

June 30, 1965.


Attorney(s) appearing for the Case

Zoltan Neumark, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for defendant, Edward L. Smith, Asst. U. S. Atty., of counsel.


HERLANDS, District Judge.

This is a motion by the defendant (1) for an order substituting the United States of America as sole defendant herein, pursuant to 28 U.S.C. § 2679(d), and (2) for summary judgment under Rule 56 of the Federal Rules of Civil Procedure.

The first part of defendant's motion being unopposed, the relief sought therein is hereby granted; and the United States of America is hereby substituted for Francis Carter as sole defendant in...

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