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COMMISSIONERS OF THE STATE INS. FUND v. UNITED STATES

Civ. Nos. 39-310, 40-150, C-41-296.

72 F.Supp. 549 (1947)

COMMISSIONERS OF THE STATE INS. FUND v. UNITED STATES. SCANNELL v. SAME. OLIVER et al. v. SAME.

District Court, S. D. New York.

July 21, 1947.

Attorney(s) appearing for the Case

Bernard Katzen, of New York City (Harry Schechter, of New York City, of counsel), for Commissioners of the State Ins. Fund.

Aaron Benenson, of New York City, for Mary Scannell.

Joseph A. Pinto, of New York City, for Betty Lou Oliver and Oscar Lee Oliver.

John F. X. McGohey, U. S. Atty., and Nathan Skolnik, Asst. U. S. Atty., both of New York City, for the defendant.

HOLTZOFF, Associate Justice (sitting by designation).

These are actions against the United States under the Federal Tort Claims Act to recover damages for personal injuries caused by alleged negligence of one of its officers. The defendant interposed the defense that the plaintiffs are not the proper party plaintiffs. The latter move to strike the defense.

On the morning of July 28, 1945, a United States Army bomber...

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