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HUBER v. UNITED STATES

No. 43011.

244 F.Supp. 537 (1965)

Mary L. HUBER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

June 24, 1965.

Attorney(s) appearing for the Case

Noel D. Martin, San Francisco, Cal., for plaintiff.

Jerry Cimmet, Asst. U. S. Atty., San Francisco, Cal., for defendant.

SWEIGERT, District Judge.

This is an action brought under the Tort Claims Act (28 U.S.C. §§ 1346(b), 2671-2680) both to recover property and personal injury damage arising out of a collision on November 18, 1963 between an automobile operated by plaintiff and an automobile operated by an employee of the Interstate Commerce Commission.

The case is before the Court on a motion under F.R.Civ.P., Rule 12(b) by defendant, United States, to dismiss the...

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