Marino v. United States

KAUFMAN, District Judge.

Defendant, the United States of America, moves to dismiss the complaint on the ground that the court lacks jurisdiction over the subject matter of the action.

The action was brought under the Federal Tort Claims Act 1 . and the parties have stipulated as to the facts.

On December 21, 1946, plaintiffs Sylvio Marino and his wife Vivian Marino were riding in an automobile owned by plaintiff Manuel Peno. The car became involved in a collision with a United States Coast Guard jeep, as a result of which both personal and property damage were alleged to have been sustained by…