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COLLINS v. UNITED STATES

221 F.Supp. 356 (1963)

Frieda H. COLLINS, Plaintiff, v. UNITED STATES of America, Defendant, BERLIN SECURITIES CORP., a/k/a Berlin Securities, Inc., Third-Party Defendant.

United States District Court S. D. New York.

August 20, 1963.

Attorney(s) appearing for the Case

Alexander Mozeson, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, for the United States; Stephen Charnas, New York City, of counsel.

Bernard Helfenstein, Brooklyn, N. Y., for third-party defendant; Herbert Minster, Brooklyn, N. Y., of counsel.

WYATT, District Judge.

The motion is under Fed.R.Civ.P. 12 (b) (6) by the third party defendant to dismiss the third party complaint of the United States for failure to state a claim upon which relief can be granted.

The action is for personal injuries suffered by plaintiff when she fell on a stairway at the Fort George Station of the Post Office on upper Broadway in the City of New York. The action is authorized by 28 U.S.C.A. § 1346(b).

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