Reardon v. United States

McCARTHY, District Judge.

This is a motion to dismiss in an action brought against the United States in accordance with the provisions of the Federal Tort Claims Act, Act of August 2, 1946, Chapter 753, § 401 et seq., 60 Stat. 842, as amended, 28 U.S.C.A. § 2671 et seq.

The plaintiff Charles W. Reardon, Jr. brought this action on November 8, 1948. Thereafter the plaintiff Walter Nickerson was allowed to intervene under Rule 24 (b) (2), Federal Rules of Civil Procedure, 28 U.S.C.A.—. The motion to dismiss, however, is directed to the complaint of the plaintiff Reardon.

The ground of the motion is…