Scozzafava v. United States

HERLANDS, District Judge.

Plaintiff Theresa Scozzafava (60 Civ. 823) and plaintiffs Mary Springstead and V/esley J. Springstead (60 Civ. 824) seek to recover the rental value of property owned by them and occupied by the United States Government. Defendant moves, in each case, pursuant to Rule 12 (b) (6), Fed.Rules Civ.Proc. 28 U.S.C.A., to dismiss those portions of the complaints that seek to recover rent for the Government’s occupancy of the water over certain portions of the bed of the Hudson River owned by plaintiffs. The factual and legal issues in each case are essentially the same; and,…