Opinion
No. 68, Docket 25729.
Argued November 17, 1959.
Decided December 3, 1959.
Appeal from the United States District Court for the Southern District of New York; Gregory F. Noonan, Judge.
The plaintiff, in an action under the Tort Claims Act, 28 U.S.C. § 1346(b), appeals from a judgment dismissing the complaint at the close of plaintiff's case on the ground that a prima facie case was not established.
Elaine F. Friedman, New York City (Bernard C. Pizzitola, Brooklyn, N.Y., on the brief), for plaintiff-appellant.
Charles T. Beeching, Jr., Asst. U.S. Atty., New York City (S. Hazard Gillespie, Jr., U.S. Atty. for the Southern District of New York City, on the brief), for defendant-appellee.
Before MAGRUDER, MEDINA and FRIENDLY, Circuit Judges.
The judgment is affirmed on the opinion of Judge Noonan, filed March 12, 1959, 180 F. Supp. 171.