HUGHES v. SULLIVAN

Civ. A. Nos. 80-224-N, 80-225-N.

514 F.Supp. 667 (1980)

Jennifer Jill HUGHES and Stephanie Rachel Hughes, infants who sue by Gloria J. Hughes, their mother and next friend and Gloria J. Hughes, Plaintiffs, v. Dennis C. SULLIVAN and United States of America, Defendants.

United States District Court, E. D. Virginia, Norfolk Division.

September 11, 1980.


Attorney(s) appearing for the Case

Thomas S. Shadrick, of Pender, Coward, Addison & Morgan, Virginia Beach, Va., for plaintiffs.

James A. Metcalfe, Asst. U. S. Atty., Norfolk, Va., for United States.

A. Joseph Canada, Jr., of Canada, Butler & Butler, Virginia Beach, Va., for Dennis C. Sullivan, for defendants.


MEMORANDUM ORDER

KELLAM, District Judge.

STATEMENT OF FACTS

These are two consolidated suits, both against Dennis C. Sullivan — an ex-postman — and the United States. The plaintiffs' theory against the United States is the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. The government has moved for dismissal as to it in both suits for failure of the plaintiff to state a claim upon which relief can...

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