Burna v. United States

HOFFMAN, District Judge.

Plaintiff, a citizen of the United States, was injured by the alleged negligence of a United States Government owned and operated vehicle on the Island of Okinawa in the Ryukyus on October 5, 1954. She has instituted this action under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b). The United States has filed a motion to dismiss under the provisions of 28 U.S.C.A. § 2680 (k) excluding the application of the Federal Tort Claims Act as to “Any claim arising in a foreign country”.

It is urged that the Treaty of Peace with Japan, entered into force on April 28,1952,'…