ROBIN CONSTRUCTION COMPANY v. UNITED STATES

No. 14846.

345 F.2d 610 (1965)

ROBIN CONSTRUCTION COMPANY, a Corporation of New Jersey, Richard D. Masia and Judith Masia, Appellants, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided May 14, 1965.


Attorney(s) appearing for the Case

Kenneth R. Stein, Stein & Stein, Newark, N. J., for appellant.

David L. Rose, Dept. of Justice, Appellate Section, Civil Division, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., David N. Satz, Jr., U. S. Atty., Morton Hollander, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before GANEY, SMITH and FREEDMAN, Circuit Judges.


FREEDMAN, Circuit Judge.

This is an appeal from a summary judgment entered in favor of the defendant under Rule 56.

Plaintiffs, the owners of a house and tract of land in Summit, New Jersey, sued the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). Their complaint alleged that "agents, servants or employees of the United States acting within the scope of their office or employment" entered and trespassed upon plaintiffs' property...

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