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RUSHFORD v. UNITED STATES

Civ. No. 3019.

92 F.Supp. 874 (1950)

RUSHFORD v. UNITED STATES.

United States District Court N. D. New York.

September 22, 1950.

Attorney(s) appearing for the Case

John R. Cummins, Plattsburg, N. Y., for plaintiff.

Irving J. Higbee, U. S. Atty., Syracuse, N. Y., Edmund Port, Asst. U. S. Atty., Syracuse, N. Y., of counsel, for defendant.

FOLEY, District Judge.

A new problem arises under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b) 2671-2680, effective September 1, 1948, previously 28 U.S.C.A. § 931 et seq. This remedial Act in which the sovereign waives immunity is comparatively recent in its enactment and amendments. In such instances, situations shall be presented for determination which have not been shaped with definiteness on the lathe of judicial construction. The motions...

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