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eBook details

• Title: Cromelin v. United States.
• Author : United States Court Of Appeals Fifth Circuit.
• Release Date : January 28, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

On November 8, 1948, appellant Cromelin filed in the district court his complaint against the United States, expressly under the Federal Tort Claims Act of 1946, 60 Stat. p. 842, 28 U.S.C.A. §§ 1346, 2671 et seq., for personal damages due to acts of misfeasance, malfeasance, and nonfeasance committed during October and November, 1947, by two agents and employees of the United States, to-wit, Frank M. Scarlett, District Judge for the Southern District of Georgia, and Otis M. Benton, as Trustee of Cromelins Air Activities, Inc., in reorganization under the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., in said court; each of said agents and employees acting within the scope of his office and employment. The United States moved to dismiss for want of jurisdiction in that the claim was not one covered by the Tort Claims Act and limitation fixed by the Act; that the judge and the trustee in bankruptcy were not employees of the United States within the meaning of the act; that the claim falls within the exceptions named in the Act, no exception being specified; and that the judge is exempt from civil liability for his judicial acts, and the United States is not subject to liability for such acts nor for the acts of the trustee. Another district judge was designated to hear the case, who sustained the motion to dismiss, and this appeal was taken.

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