Old Colony Ins. v. United States

S.D. Ohio

Old Colony Ins. v. United States

74 F. Supp. 723, 1947 U.S. Dist. LEXIS 1932

CourtDistrict Court, S.D. Ohio

DecidedJune 17, 1947

DocketCivil Action No. 792

StatusPublished

Cited by6 cases

This text of 74 F. Supp. 723 (Old Colony Ins. v. United States) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Old Colony Ins. v. United States, 74 F. Supp. 723, 1947 U.S. Dist. LEXIS 1932 (S.D. Ohio 1947).

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Opinion

NEVIN, District Judge.

This day this cause came on to be heard on the motion to dismiss heretofore, to-wit, on May 13, 1947, filed by and on behalf of defendant, The United States of America.

In its motion, defendant moves the court to dismiss this action “on the grounds (among others) that the Federal Tort Claims Act [28 U.S.C.A. § 921 et seq.] does not authorize the maintenance of suits upon Derivative Claims.”

Upon consideration of the motion and the briefs and arguments of counsel in support of and contra the motion, and upon the ground above set forth in said motion contained, the court finds that the motion is well taken and that it should be sustained.

It is, therefore, by the Court ordered, adjudged and decreed that the motion to dismiss above referred to, filed on behalf of the defendant be, and hereby it is, sustained, and this action is dismissed at plaintiff’s costs.

To all of which findings, rulings, orders and decrees of the Court, plaintiff excepts.

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