Legal Opinion
Spohn v. United States
District Court, S.D. New York
Decided June 16, 1954No. Civ. No. 76-17PublishedCited by 5 opinions
1Opinion of the Court
GODDARD, District Judge.
This is a motion by the defendant to dismiss the complaint, pursuant to Rule 12(b)(1) and (6) of the Federal Rules, 28 U.S.C.A., on the ground that the court lacks jurisdiction of the subject matter, and/or that the complaint fails to state a claim against the defendant upon which relief may be granted.
The suit is for wrongful death brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. Plaintiff sues as the administrator of the estate of Louise S. Spohn.
The complaint alleges in substance that the deceased was killed in a crash in Lake Michigan of…
2Cases cited6 opinions
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- Kaus v. HustonDistrict Court, N.D. Iowa · 1940
- Union Trust Co. of District of Columbia v. United StatesDistrict Court, District of Columbia · 1953
- Montgomery Ward & Co. v. SchumacherDistrict Court, N.D. California · 1944
- Equitable Life Assur. Soc. of United States v. KitDistrict Court, E.D. Pennsylvania · 1939
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3Cited by5 opinions
- Builders Corporation of America, a Corporation, and Herlong Sierra Homes, Inc., a Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1958
- Shulman v. Compagnie Generale TransatlantiqueDistrict Court, S.D. New York · 1957
- Ostow & Jacobs, Inc. v. Morgan-Jones, Inc.District Court, S.D. New York · 1960
- Walters v. SHARI MUSIC PUBLISHING CORPORATIONDistrict Court, S.D. New York · 1960
- Builders Corporation of America, a Corporation, and Herlong Sierra Homes, Inc., a Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1958