McCarter v. United States

MEMORANDUM AND ORDER

ROBERT L. TAYLOR, District Judge.

Defendant, United States of America, has filed a motion in this Court pursuant to Title 28 U.S.C. § 2675(b) to reduce the damages sought by the plaintiff from the $10,000.00 claimed in his complaint to $926.00 as claimed before the Post Office Department. Defendant further moves, pursuant to Title 28 U. S.C. § 2402, to strike that portion of plaintiff’s complaint requesting a trial by jury on the ground that all actions under the Federal Tort Claims Act shall be tried by the Court without a jury.

The United States relies upon the cases of…