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MARX v. UNITED STATES

Civ. No. 11037.

132 F.Supp. 626 (1955)

Henry J. MARX, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

May 20, 1955.

Attorney(s) appearing for the Case

Harry I. Kurach, New York City, Louis Feren, New York City, of counsel, for plaintiff.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., Joseph F. Soviero, Jr., Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for defendant.

GALSTON, District Judge.

This is an action brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq., for personal injuries sustained by plaintiff. The complaint alleges that because of the negligence of a driver of a Post Office vehicle, the plaintiff sustained a cerebral concussion and fracture of the base of the left second metatarsal.

The answer generally denies the allegations of the complaint and sets up an affirmative...

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