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WESTCHESTER FIRE INS. CO. v. FARRELL'S DOCK & TERM. CO.

No. 56-17-W.

152 F.Supp. 97 (1957)

WESTCHESTER FIRE INSURANCE COMPANY, Libellant, v. FARRELL'S DOCK & TERMINAL CO. and McKIE LIGHTER COMPANY, Respondents, v. UNITED STATES of America, and City of Boston, Respondents-Impleaded.

United States District Court D. Massachusetts.

June 5, 1957.

Attorney(s) appearing for the Case

William T. Conlan, Boston, Mass., for libelant.

John F. Cremens, for respondent John H. Harrington, Asst. U. S. Atty., Boston, Mass., for impleaded respondent.

WYZANSKI, District Judge.

The United States, having been impleaded as a respondent, has filed exceptions. The first and second exceptions assert that no cause of action against the United States either under the Federal Tort Claims Act (Act of Aug. 2, 1946, c. 753, 60 Stat. 842) 28 U.S.C. §§ 1346, 2671 et seq. or otherwise has been stated, and the third exception claims that if an action were stated against the...

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