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WEISERBS v. UNITED STATES

Civ. No. 61-C-290.

199 F.Supp. 329 (1961)

Neil H. WEISERBS, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

November 16, 1961.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., by Philip Silverman, Asst. U. S. Atty., New York City, on the motion.

William J. Butler, New York City, by James J. Bierbower, Washington, D. C., in opposition.

RAYFIEL, District Judge.

This is a motion under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C., to dismiss the complaint herein on the ground (1) that it fails to state a claim upon which relief can be granted, and (2) that this court does not have jurisdiction over the subject matter of the second claim.

The complaint alleges two causes of action. The first, based on negligence, is brought under...

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