Daniels v. Chanute Air Force Base Exchange

PLATT, District Judge.

The defendant, the United States of America, by the United States Attorney, presents a motion to dismiss the complaint for the following reasons:

1. It fails to state a claim upon which relief can be granted;

2. The plaintiff lacks jurisdiction over all the defendants;

3. No defendant has consented to be sued;

4. The United States was not and is not the employer of any person or agency which is alleged to have negligently caused injury to the plaintiff.

The United States also argues that Public Law 397 of the 82nd Congress, Title 5 U.S.C.A. § 150k-l provides that the Army and…