SHIPPEY v. UNITED STATES

Civ. No. 69-1430.

321 F.Supp. 350 (1970)

Aerline R. SHIPPEY, a widow, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Florida, Miami Division.

December 31, 1970.


Attorney(s) appearing for the Case

Fred A. Hazouri, of Cone, Wagner, Nugent, Johnson, McKeown & Dell, West Palm Beach, Fla., for plaintiff.

Robert W. Rust, U. S. Atty., and Clemens Hagglund, Asst. U. S. Atty., Miami, Fla., for defendant.


MEMORANDUM OPINION AND ORDER OF DISMISSAL

ATKINS, District Judge.

This is a wrongful death action brought against the United States of America pursuant to the Federal Tort Claims Act (Title 28 U.S.C.A. § 2671 et seq.). Defendant has challenged jurisdiction of this Court under the aforesaid act by way of Motion to Dismiss and Motion for Summary Judgment. Both motions were denied by the Court on the basis that a sufficient factual foundation was not apparent...

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