Legal Opinion
Straneri v. United States
District Court, E.D. Pennsylvania
Decided March 31, 1948No. Civ. 7572PublishedCited by 6 opinions
1Opinion of the Court
GANEY, District Judge.
Pursuant to Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the United States filed this motion to dismiss the complaint for the reason that the claim arose in a foreign country within the meaning of section 421 (k) of the Federal Tort Claims Act. This section provides that the Act “shall not apply to * * * (k) Any claim arising in a foreign country”.
The complaint, which we must take at its face value, avers that on May 29, 1945, while Archangello Straneri, a merchant seaman, was riding a motorcycle in the Port of Ghent, Belgium, then…
2Cases cited3 opinions
- De Lima v. BidwellSupreme Court of the United States · 1901
- Burnet v. Chicago Portrait Co.Supreme Court of the United States · 1932
- FLEMING v. PageSupreme Court of the United States · 1850
3Cited by6 opinions
- Cobb v. United StatesCourt of Appeals for the Ninth Circuit · 1951
- Brewer v. United StatesDistrict Court, N.D. California · 1948
- Cobb v. United StatesDistrict Court, N.D. California · 1950
- Cobb v. United StatesCourt of Appeals for the Ninth Circuit · 1951
- Martin John Beattie v. United StatesCourt of Appeals for the D.C. Circuit · 1984
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