United States v. Pittsley

SWEENEY, Chief Judge.

The motion to dismiss the counterclaim is to be allowed. If there is doubt whether a counterclaim may be filed against the United States it is better to have it determined at once in order that the defendants’ rights to file an original suit may not be carried beyond the period of the statute of limitations. It seems clear from a review of the sovereign’s immunity from suit that any waiver of such immunity cannot be accomplished except by language which is clear and explicit. I find no language in the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., which…