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SUPCHAK v. UNITED STATES

No. 15758.

365 F.2d 844 (1966)

Helen SUPCHAK, as Ancillary Executrix of the Estate of Daniel A. Supchak, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Third Circuit.

Decided August 31, 1966.

Attorney(s) appearing for the Case

Martin J. Meyer, Wilkes-Barre, Pa. (Joseph V. Kasper, Wilkes-Barre, Pa., on the brief), for appellant.

Robert C. McDiarmid, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Bernard J. Brown, U. S. Atty., Alan S. Rosenthal, Attorney, Department of Justice, Washington, D. C., on the brief), for appellee.

Before STALEY, Chief Judge, and McLAUGHLIN and SMITH, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This action for personal injury and wrongful death was brought under the Federal Tort Claims Act, 28 U.S. C.A. § 1346(b). It came before the court below on a motion to dismiss the complaint for failure to state a claim upon which relief could be granted. The motion was granted and this appeal followed. The motion was sustainable only if it appeared to a certainty that the plaintiff was not entitled to relief under any...

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