Goodrich v. United States

JOHN E. MILLER, Chief Judge.

The complaint was filed herein on March 25, 1963. On May 27, 1963, the defendant filed what it has designated as “Motion for Summary Judgment,” pursuant to Rules 12(b) and 56(b), Fed. R.Civ.P., and upon the affidavit attached to the motion and upon the prior litigation of the parties in this court and division, being Civil Actions Nos. 761 and 986, and “moves that the complaint be dismissed on the following grounds:

“1. The complaint fails to state a claim upon which relief can be granted.

“2. This court has no jurisdiction over the subject matter.

“3. This court has…