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GROCE v. RAPIDAIR, INC.

Civ. A. No. 3071.

305 F.Supp. 1238 (1969)

Edwin R. GROCE, Administrator C/T/A of the Estate of Raymond F. Schulte, Deceased, Plaintiff, v. RAPIDAIR, INC., Lanseair, Inc., and the United States of America, Defendants.

United States District Court W. D. North Carolina, Asheville Division.

October 10, 1969.

Attorney(s) appearing for the Case

Frederick T. Stant, Jr., Norfolk, Va., for plaintiff.

Haight, Gardner, Poor & Havens, New York City, with Walter E. Rutherford, New York City, on brief, for Rapidair, Inc.

Bussell, Hough & Greene, Springfield, Mo., with Joe Greene, Springfield, Mo., on brief, for Lanseair, Inc.

Lawrence J. Galardi, Asst. Chief, Torts Section, U. S. Dept. of Justice, Washington, D. C., Keith S. Snyder, U. S. Atty., Asheville, N. C., for United States.

MEMORANDUM OF DECISION AND ORDER

WOODROW WILSON JONES, Chief Judge.

This matter is before the Court upon a Motion to Dismiss, or in the alternative, Motion for Summary Judgment, filed by the defendant, United States of America, on the grounds that plaintiff's action was not filed within the time limit provided by 28 U.S.C.A. § 2401(b), and the defendant is therefore immune from suit.

The Court heard...

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