Legal Opinion
Bewick v. United States
District Court, N.D. Texas
Decided October 22, 1947No. Civil Action 195PublishedCited by 3 opinions
1Opinion of the Court
ATWELL, District Judge.
Lloyds Insurance Company of London, alleging that it is a subrogee of C. S. Be-wick, brings this suit under the Federal Tort Claims Act passed in 1946.
A motion to dismiss is made upon the ground that(a) A subrogee is not authorized to sue under that Act;(b) A subrogation is substantially the same as an assignment which is not permitted under the Act;(c) A claim having been filed by the alleged subrogee before the war Department,, and the same not having been withdrawn,, as provided in that Act, forecloses the right to enter under the Act;(d) Rule 17 of Civil Procedure,…
2Cases cited6 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Schillinger v. United StatesSupreme Court of the United States · 1894
- United States v. MichelSupreme Court of the United States · 1931
- Price v. United States & Osage IndiansSupreme Court of the United States · 1899
- Rusconi v. United StatesDistrict Court, S.D. California · 1947
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Niagara Fire Ins. Co. v. United StatesDistrict Court, S.D. New York · 1948
- Grace Ex Rel. Grangers Mut. Ins. v. United StatesDistrict Court, D. Maryland · 1948
- State Road Department v. United StatesDistrict Court, N.D. Florida · 1948