FRIED v. NEW YORK LIFE INSURANCE COMPANY

Civ. 14518.

124 F.Supp. 345 (1954)

Solomon FRIED, Plaintiff, v. NEW YORK LIFE INSURANCE COMPANY and United States of America, Defendants.

United States District Court E. D. New York.

September 22, 1954.


Attorney(s) appearing for the Case

Morris K. Siegel, Brooklyn, N. Y., for plaintiff.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., by Elliott Kahaner, Brooklyn, N. Y., for United States.

Lee M. Gammill, New York City, for New York Life Ins. Co.


RAYFIEL, Judge.

There are two motions before the Court. The defendant, United States of America, has moved, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint on the ground that the court is without jurisdiction, since there is no statutory provision by which this defendant consents to be sued under a claim such as is the subject matter of this action.

The plaintiff has moved for summary judgment, pursuant...

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