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CALLAS v. UNITED STATES

Civ. A. No. 15979.

152 F.Supp. 17 (1957)

Edward Peter CALLAS, an infant under the age of fourteen years by Helen Callas, his Guardian ad litem and Edward George Callas, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

June 18, 1957.

Attorney(s) appearing for the Case

Herman E. Hoberman, Brooklyn, N. Y., for plaintiffs.

Leonard P. Moore, U. S. Atty. for Eastern District of New York, Brooklyn, N. Y., by Myron Friedman, Asst. U. S. Atty., Long Beach, N. Y., for defendant.

BYERS, District Judge.

This defendant's motion for summary judgment presents but one question, that is, was the Island of Kwajalein, in the Marshall Islands in the Pacific, on February 20, 1955, a foreign country within the exclusion of the Federal Tort Claims Act, Title 28 U.S.C. § 2680(k)?

The Section reads:

"The provisions of this chapter and section 1346(b) of this title shall not apply to * * * "(k) Any claim arising in a foreign...

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