Haynes v. United States

Full title: Betty Lue HAYNES, as Administratrix of the Estate of Eugene O. Haynes…

Court: United States Court of Appeals, Second Circuit

Date published: Dec 9, 1970

443 F.2d 375 (2d Cir. 1970)

Opinion

No. 312, Docket 35198.

Argued December 9, 1970.

Decided December 9, 1970.

Appeal from the United States District Court for the Western District of New York; John O. Henderson, Judge.

Sheldon Hurwitz, Buffalo, N.Y., for appellant.

Morton Hollander, Department of Justice, Washington, D.C. (William D. Ruckelshaus, Asst. Atty. Gen., Judith S. Seplowitz, Atty. Department of Justice, and H. Kenneth Schroeder, Jr., U.S. Atty., Western District of New York, on the brief), for appellee.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and CLARIE, District Judge.^_

_ Sitting by designation.

PER CURIAM:

We affirm, in open court, the judgment of the Western District which dismissed the complaint as not stating a cause of action under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for the reasons stated by Judge Henderson in his opinion reported at 327 F. Supp. 264 (1970).