Barry

Court of Claims

Barry

202 Ct. Cl. 1129, 1973 U.S. Ct. Cl. LEXIS 144, 1973 WL 5051

CourtUnited States Court of Claims

DecidedOctober 19, 1973

DocketNo. 96-73

StatusPublished

This text of 202 Ct. Cl. 1129 (Barry) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barry, 202 Ct. Cl. 1129, 1973 U.S. Ct. Cl. LEXIS 144, 1973 WL 5051 (cc 1973).

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Opinion

Court of Claims jurisdiction/ tort claim. — Plaintiff, a seaman employed by the United States Government aboard a Maritime Administration vessel, claims damages for injuries allegedly caused by the operation of a United States Army Truck and subsequent medical treatment at an Army dispensary. This case came before the court on defendant’s motion for summary judgment. Upon consideration thereof, together with the opposition thereto, without oral argument, the court concluded that plaintiff’s alleged claim sounds in tort and is therefore not within the jurisdiction of this court. (See 28 U.S.C. ,§ 1491; Anggelis v. United States, ante at 1094; Clark v. United States, 198 Ct. Cl. 593, 461 F. 2d 781 (1972), cert. denied, 409 U.S. 1028; and Bird & Sons v. United States 190 Ct. Cl. 426, 420 F. 2d 1051 (1970). On October 19, 1973, by order, the court granted defendant’s motion and dismissed the petion.

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Court of Claims jurisdiction/ tort claim. — Plaintiff, a seaman employed by the United States Government aboard a Maritime Administration vessel, claims damages for injuries allegedly caused by the operation of a United States Army Truck and subsequent medical treatment at an Army dispensary. This case came before the court on defendant’s motion for summary judgment. Upon consideration thereof, together with the opposition thereto, without oral argument, the court concluded that plaintiff’s alleged claim sounds in tort and is therefore not within the jurisdiction of this court. (See 28 U.S.C. ,§ 1491; Anggelis v. United States, ante at 1094; Clark v. United States, 198 Ct. Cl. 593, 461 F. 2d 781 (1972), cert. denied, 409 U.S. 1028; and Bird & Sons v. United States 190 Ct. Cl. 426, 420 F. 2d 1051 (1970). On October 19, 1973, by order, the court granted defendant’s motion and dismissed the petion.

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Bluebook (online)

202 Ct. Cl. 1129, 1973 U.S. Ct. Cl. LEXIS 144, 1973 WL 5051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barry-cc-1973.

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