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UNITED STATES v. BEDFORD ASSOCIATES

Nos. 79 Civ. 1522, 79 Civ. 1482 (HFW).

491 F.Supp. 848 (1980)

UNITED STATES of America, Plaintiff, v. BEDFORD ASSOCIATES, a partnership, Doris K. Carver and Samuel Ades, Individually and as partners of Bedford Associates, and Amcar Management Corp., Defendants. The BOWERY SAVINGS BANK, Plaintiff, v. BEDFORD ASSOCIATES, a partnership, Doris K. Carver and Samuel Ades, Individually and as partners of Bedford Associates, and United States of America, Defendants.

United States District Court, S. D. New York.

March 18, 1980.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, New York City, for the Bowery Sav. Bank, by Terence F. Gilheany, Stuart D. Root, Howard R. Hawkins, Jr., Vincent DiLorenzo, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S. D. New York, New York City, for United States of America, by William J. Brennan, Harvey J. Wolkoff, Asst. U. S. Attys., New York City, of counsel.

OPINION

HENRY F. WERKER, District Judge.

The United States has moved to dismiss the Bowery's complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1). The only issue raised by the motion is whether the Bowery's complaint falls within the ambit of 28 U.S.C. § 2409a. For the reasons that follow, the motion is denied.

Section 2409a provides in pertinent part:

(a) The United States may be named as a party defendant in...

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