CENNA v. UNITED STATES

No. 17154.

402 F.2d 168 (1968)

John J. CENNA, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided October 25, 1968.


Attorney(s) appearing for the Case

James P. McKenna, Jr., Dickie, McCamey & Chilcote, Pittsburgh, Pa. (Carmen R. Damian, Damian & Damian, Pittsburgh, Pa., on the brief), for appellant.

Michael C. Farar, Dept. of Justice, Civil Division, Appellate Section, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Alan S. Rosenthal, Walter H. Fleischer, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before HASTIE, Chief Judge, SEITZ and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal from a district court order dismissing appellant's complaint for failure to state a claim cognizable under the Federal Tort Claims Act (28 U.S.C. § 1346(b)) and for lack of jurisdiction to entertain it under the Tucker Act (28 U.S.C. § 1346(a) (2)) because the claim is in excess of $10,000. Since the question on appeal is only whether, if appellant proves what he alleges to be true, he...

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