Anglo-American and Overseas Corp. v. United States

WALSH, District Judge.

This is an action for a declaratory judgment and for damages under the Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq. Defendant moves to dismiss the complaint for failure to state a claim on which relief can be granted. Its motion is granted.

Plaintiff, a merchant engaged in the purchase and sale of imported food products, had agreed to buy certain lots of tomato paste which were to be imported providing the defendant did not exclude them pursuant to the Pure Food, Drug and Cosmetic Act § 801(a), 21 U.S.C.A. § 381(a). Defendant, although not required to sample all…