BRUCHHAUSEN, District Judge.
The defendant moves for summary judgment, dismissing the complaint.
The plaintiff seeks to recover damages pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for personal injuries allegedly sustained by him on November 13, 1962, while he was a patient in the United States Army Hospital at Fort Jay, New York. He claims that a portable telephone stand, due to a defect, tipped over and fell on his foot, injuring it...
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