Schmidt v. United States

MELLOTT, District Judge.

The eight cases shown in the caption are before the court on motions to dismiss. All were instituted under the Federal Tort Claims Act,1 arose from the happening of the same incident and involve essentially the same question of law.

The amended complaints show that Arnold M. Schmidt2 and Carolyn Elizabeth Schmidt, on August 8, 1947 and continuing through September 7, 1947, were husband and wife and the parents of:

Donald Lee, Age 15

Paul David, Age 9

Robert Eugene, Age 13

Carolyn Louise, Age 7

Arnold Allen, Age 12

Lorene Ellen, Age 4

Calvin Dale, Age 11

Marvin LeRoy, Age 3

They…