Legal Opinion
Messenger v. United States
District Court, E.D. New York
Decided July 28, 1953No. Civ. No. 9582PublishedCited by 2 opinions
1Opinion of the Court
BRUCHHAUSEN, District Judge.
The defendant, United States of America, moved for a dismissal of the complaint upon *516the ground of failure to obtain jurisdiction of the defendant by service of process as prescribed by Rule 4(d)(4) of the Federal Rules of Civil Procedure, 28 U.S.C.A. and that the action was not commenced within the two year period of limitation under the Tort Claims Act, 28 U.S.C.A. § 2401.
The complaint was filed in the Office of the Clerk of this Court on December 22, 1948 and a copy of the summons and complaint were served on the United States Attorney on December 23, 1948. The…
2Cases cited13 opinions
- Finn v. United StatesSupreme Court of the United States · 1887
- Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
- Munro v. United StatesSupreme Court of the United States · 1938
- Linn & Lane Timber Co. v. United StatesSupreme Court of the United States · 1915
- Bates Manufacturing Co. v. United StatesSupreme Court of the United States · 1938
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tyrolf v. Veterans AdministrationDistrict Court, E.D. Louisiana · 1979
- Fugle v. United StatesDistrict Court, D. Montana · 1957