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SCHMIDT v. UNITED STATES

Nos. 3351-3358.

84 F.Supp. 496 (1949)

SCHMIDT v. UNITED STATES and seven other cases.

United States District Court D. Kansas, Second Division.

June 16, 1949.

Attorney(s) appearing for the Case

J. Sidney Nye, J. Rodney Stone and Bernard Peterson, Newton, Kansas, for plaintiff.

Lester Luther, United States Attorney, Eugene W. Davis, Assistant United States Attorney, and Malcolm Miller, Assistant United States Attorney, Topeka, Kansas, for defendant.

MELLOTT, District Judge.

The eight cases shown in the caption are before the court on motions to dismiss. All were instituted under the Federal Tort Claims Act,1 arose from the happening of the same incident and involve essentially the same question of law.

The amended complaints show that Arnold M. Schmidt2 and Carolyn Elizabeth Schmidt, on August 8, 1947 and continuing through September 7, 1947, were...

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