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ROSEN v. UNITED STATES

Civ. No. 9919.

126 F.Supp. 13 (1954)

Violet D. ROSEN, individually, and as Administratrix of the goods, chattels and credits of Solomon Rosen, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. New York.

December 2, 1954.

Attorney(s) appearing for the Case

Simeon F. Gross, New York City, for plaintiff, Bernard Meyerson, Brooklyn, of counsel.

Leonard P. Moore, U. S. Atty., for the Eastern Dist. of New York, Brooklyn, N. Y., Joseph F. Soviero, Brooklyn, of counsel.

BYERS, District Judge.

This is a motion by the Government for summary judgment. Contention is made that the action will not lie under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq. A similar motion was denied by this court because it was thought that a more precise and comprehensive evidentiary recital of the facts was necessary. Rosen v. U. S., D.C., 110 F.Supp. 737.

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