OTTEN v. UNITED STATES


210 F.Supp. 729 (1962)

Ralph J. OTTEN, Plaintiff, v. UNITED STATES of America and Thomas J. Lunney, The United States Marshal for the Southern District of New York, Defendants.

United States District Court S. D. New York.

November 23, 1962.


Attorney(s) appearing for the Case

Whitman, Ransom & Coulson, New York City, for plaintiff; Kevin T. Duffy, New York City, of counsel.

Vincent L. Broderick, U. S. Atty., for Southern Dist. of New York, New York City, for defendants; David R. Hyde, Asst. U. S. Atty., New York City, of counsel.


MacMAHON, District Judge.

This is a motion by the government under Rule 12(b), Federal Rules of Civil Procedure, to dismiss the complaint for lack of jurisdiction. The action is brought under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), and sounds in conversion seeking to replevy or recover the value plus damages of $25,000 worth of negotiable bonds.

The complaint alleges that plaintiff is the lawful owner and entitled to the immediate possession...

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