United States v. Rosati

SMITH, District Judge.

The plaintiff, the United States of America, filed a complaint in which it asserted a claim for damages to a motor vehicle of which it was the owner. The defendant filed a counterclaim in which she asserted a claim for damages to- a motor vehicle of which the estate of one Alfred Rosati was the owner. It appears from the allegations of the complaint and counterclaim that the tort claims of the respective parties arise out of the same “occurrence.”

The action is before the Court at this time on the motion of the plaintiff to dismiss the counterclaim on the ground that the…