Coffland v. United States

MEMORANDUM ORDER

MAXWELL, Chief Judge.

This civil action is brought under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., with jurisdiction invoked pursuant to 28 U.S.C. § 1346(b). An order has been entered, submitted by counsel for all parties, amending an earlier, fully developed pre-trial order and providing that the “action shall be tried by the Court without a jury as prescribed by Title 28, Section 2402, United States Code.” This statement candidly reflects the statutory limitations imposed upon this species of litigation.

*210Notwithstanding the obligations of the statute, the Court,…