PALMIERI, District Judge.
This is a motion by the Government for summary judgment pursuant to Fed.R. Civ.P. 56 for failure to state a claim upon which relief may be granted.
On September 13, 1962, the plaintiff was a prisoner at the Federal House of Detention in New York City. On that day, he was injured while engaged in the performance of duties assigned to him. He instituted this action pursuant to 28 U.S.C. §§ 1346(b), 2671 et seq., the Federal...
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