Toth v. United States

JONES, Chief Judge.

This is an action for wrongful death brought under favor of the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b).

Defendant, the United States of America, now moves for summary judgment in its favor under rule 56, Fed.Rules Civ.Proc. 28 U.S.C.A., contending that the present action is not maintainable under the Act. The Government may be sued, of course, only when the terms of its consent to be sued are met.

The Federal Tort Claims Act confers jurisdiction upon the District Courts to hear and determine claims against the United States for personal injury or death “caused by the…