Legal Opinion

Chambers v. United States

District Court, D. Kansas

Decided October 9, 1952No. W-419PublishedCited by 8 opinions

1Opinion of the Court

MELLOTT, Chief Judge.

The sufficiency of a complaint under the Federal Tort Claims Act 1 is challenged in a “Special Appearance and Motion to Dismiss” filed on behalf of. the United States. The issues raised by the motion are whether the court has jurisdiction over the defendant or the subject matter of the action and whether the complaint states a claim against, defendant upon which relief can be granted. It is also contended the alleged cause of action is not one in which the United States has waived its immunity from suit or consented to be sued and that the complaint fails to show any…

2Cases cited2 opinions

  1. Oman v. United StatesCourt of Appeals for the Tenth Circuit · 1949
  2. Bryan v. United StatesCourt of Appeals for the Tenth Circuit · 1938

3Cited by8 opinions

  1. Broadway Open Air Theatre, Inc. v. United StatesCourt of Appeals for the Fourth Circuit · 1953
  2. Jones v. Federal Bureau of InvestigationDistrict Court, D. Maryland · 1956
  3. Pargament v. FitzgeraldDistrict Court, S.D. New York · 1967
  4. Van Buskirk v. United StatesDistrict Court, E.D. Tennessee · 1962
  5. A-Mark, Inc. v. United StatesDistrict Court, C.D. California · 1977

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