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ZITO v. TESORIERO

Civ. A. No. 64-C-1166.

239 F.Supp. 354 (1965)

Vincent ZITO, Plaintiff, v. Anthony J. TESORIERO, Property Clerk of the Suffolk County Police Department, John L. Barry, Commissioner of Police of the Suffolk County Police Department, County of Suffolk, Richard Leone, Frederick Marangio, Joseph Chiofalo and United States of America, Defendants.

United States District Court E. D. New York.

February 15, 1965.

Attorney(s) appearing for the Case

Bennett E. Aron, West Hempstead, N. Y., for plaintiff.

Joseph P. Hoey, U. S. Atty., E. D. New York, Brooklyn, N. Y., Peter H. Ruvolo, Asst. U. S. Atty., of counsel, for defendants.

MISHLER, District Judge.

Defendant, United States of America, moves pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for an order dismissing the complaint against it upon the ground that the Court has no jurisdiction over the subject matter. The United States also moves to intervene as a plaintiff pursuant to Rule 24(a)(3) and 24(b)(2) of the Federal Rules of Civil Procedure.

Plaintiff, in his complaint, has asked for a judgment declaring...

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