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MARINO v. UNITED STATES

82 F.Supp. 190 (1948)

MARINO et al. v. UNITED STATES.

United States District Court S. D. New York.

December 30, 1948.

Attorney(s) appearing for the Case

Allan Taub, of New York City, for plaintiffs.

John F. X. McGohey, U. S. Atty., of New York City (Nathan Skolnik, Asst. U. S. Atty., of New York City, of Counsel), for defendant United States.

KAUFMAN, District Judge.

Defendant, the United States of America, moves to dismiss the complaint on the ground that the court lacks jurisdiction over the subject matter of the action.

The action was brought under the Federal Tort Claims Act1 and the parties have stipulated as to the facts.

On December 21, 1946, plaintiffs Sylvio Marino and his wife Vivian Marino were riding in an automobile owned by plaintiff Manuel Peno...

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