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BROWN v. UNITED STATES

Civ. A. No. 1102.

193 F.Supp. 692 (1961)

David BROWN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. Florida, Pensacola Division.

April 10, 1961.

Attorney(s) appearing for the Case

Rollin D. Davis, Jr., of Shell, Fleming & Davis, Pensacola, Fla., for plaintiff.

C. W. Eggart, Jr., Asst. U. S. Atty., Pensacola, Fla., for defendant.

CARSWELL, Chief Judge.

Plaintiff brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. Sections 1346(b) and 2671 et seq., for injuries which he allegedly sustained while he was employed in a junk yard in Pensacola, Florida.

The United States moved to dismiss plaintiff's complaint on the grounds that the United States is immune from liability as sovereign, because the cause of action as alleged arises through a misrepresentation...

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