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LEMAIRE v. UNITED STATES

Civ. No. 6751.

76 F.Supp. 498 (1948)

LEMAIRE v. UNITED STATES.

District Court, D. Massachusetts.

February 4, 1948.

Attorney(s) appearing for the Case

Noah Lemaire and David L. DeZorett, both of Taunton, Mass., for plaintiff.

William T. McCarthy, U. S. Atty., and William J Koen, Asst. U. S. Atty., both of Boston, Mass., for defendant.

HEALEY, District Judge.

This matter came on for hearing on the defendant's motion to dismiss the complaint on the ground that the cause of action did not arise within the period in which the United States has consented to be sued under the Federal Tort Claims Act, 28 U.S. C.A. § 921 et seq.

The complaint alleges that on June 6, 1942 the United States made a declaration of taking of a part of plaintiff's land, and later judgment was entered on said declaration...

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