District Court, E.D. New York September 24, 1957, Civ. No. 17354 (Rogers v. United States)

BRUCHHAUSEN, District Judge.

The defendant moves for an order under Fed.Rules Civ.Proc. Rule 12(b), 28 U.S.C.A., for dismissal of the complaint upon the ground that the Court lacks jurisdiction of the subject matter.

*410The plaintiff instituted this action to recover the sum of $100, claimed to have been collected by the defendant from the plaintiff as part payment of the amount of $15,217.