United States v. Yellow Cab Co.

WELSH, Senior District Judge.

This action arose out of a collision between a truck owned and operated by the Department of the Navy and a taxicab owned and operated by the Yellow Cab Company. The collision occurred on February 3, 1958. On June 29, 1960, the United States commenced this suit to recover the amount of damage to its vehicle. On August 18,1960, the defendant filed its answer and asserted a counterclaim for the damage to its vehicle.

Plaintiff has moved to dismiss defendant’s counterclaim on the ground that *661this Court lacks jurisdiction under the provisions of 28 U.S.C.A. § 2401(b).

Th…