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INSURANCE CO. OF NORTH AMERICA v. UNITED STATES

Civ. A. No. 272.

76 F.Supp. 951 (1948)

INSURANCE CO. OF NORTH AMERICA v. UNITED STATES.

District Court, E. D. Virginia, Alexandria Division.

March 12, 1948.

Attorney(s) appearing for the Case

Leroy S. Bendheim, of Alexandria, Va., and Abner H. Ferguson, of Washington, D. C. (Arthur W. Clement, of New York City, on the brief), for plaintiff.

George R. Humrickhouse, U. S. Atty., of Richmond, Va. (J. H. Reddy, Dept. of Justice, of Washington, D. C., on the brief), for defendant.

BRYAN, District Judge.

The question is whether an insurance company may as subrogee sue the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 931, to recover the amount paid by the insurer to its insured as the damages suffered by the latter in consequence of the negligent act or omission of an employee of the United States.

The issue is made by the motion of the United States to dismiss the complaint of the Insurance Company of North America...

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