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KOSSICK v. UNITED STATES

223 F.Supp. 720 (1963)

John M. KOSSICK, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

October 10, 1963.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., for defendant; Louis E. Greco, Walter L. Hopkins, New York City, of counsel.

McLEAN, District Judge.

This is an action under the Federal Tort Claims Act (28 U.S.C. § 1346(b) and Section 2671 et seq.) by a seaman to recover damages for injuries allegedly caused by malpractice of physicians and nurses employed by defendant at a United States Public Health Service Hospital in New York. Defendant's answer pleads the statute of limitations. Plaintiff has moved under Rule 12(b) to strike that defense as insufficient. Defendant has moved under...

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