MOTORS INSURANCE COMPANY v. UNITED STATES


239 F.Supp. 121 (1965)

MOTORS INSURANCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 8, 1965.


Attorney(s) appearing for the Case

Dillon & Haber, New York City, for plaintiff; Maxwell D. Weinstein, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for the United States; Dawnald R. Henderson, Asst. U. S. Atty., of counsel.


McLEAN, District Judge.

Plaintiff brings this action under the Tort Claims Act (28 U.S.C. § 1346(b)). The complaint alleges that on August 22, 1963, the aircraft carrier Essex was docked at Pier 86 in New York, that defendant's "agents, servants and/or employees" were engaged in spray painting her, and that because of their negligence, some of the paint came in contact with an automobile owned by plaintiff's insured which was parked in a nearby parking lot.<...

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