Jones v. United States

Second Circuit

Jones v. United States

207 F.2d 563

CourtCourt of Appeals for the Second Circuit

DecidedOctober 28, 1953

DocketNo. 14, Docket 22687

StatusPublished

Cited by50 cases

This text of 207 F.2d 563 (Jones v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jones v. United States, 207 F.2d 563 (2d Cir. 1953).

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Opinion

FRANK, Circuit Judge.

Plaintiffs’ second cause of action asserts wilful misrepresentation. This claim is clearly barred by Sec. 2680 (h) of the Act. See United States v. Silverton, 1 Cir., 200 F.2d 824, at page 826. We think the first cause of action, for negligence, is also barred. Section 2680 (h) prohibits suits against the government on claims arising out of “assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.” As “deceit” means fraudulent misrepresentation, “misrepresentation” must have been meant to include negligent misrepresentation,¹ since otherwise the word “misrepresentation” would be duplicative. The construction is strengthened by the inclusion of libel which may be either negligent or intentional.

The defendant has raised a number of other arguments in its briefs which we need not consider.

Affirmed.

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FRANK, Circuit Judge.

Plaintiffs’ second cause of action asserts wilful misrepresentation. This claim is clearly barred by Sec. 2680 (h) of the Act. See United States v. Silverton, 1 Cir., 200 F.2d 824, at page 826. We think the first cause of action, for negligence, is also barred. Section 2680 (h) prohibits suits against the government on claims arising out of “assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.” As “deceit” means fraudulent misrepresentation, “misrepresentation” must have been meant to include negligent misrepresentation,¹ since otherwise the word “misrepresentation” would be duplicative. The construction is strengthened by the inclusion of libel which may be either negligent or intentional.

The defendant has raised a number of other arguments in its briefs which we need not consider.

Affirmed.

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207 F.2d 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-united-states-ca2-1953.

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