Court of Appeals for the Second Circuit May 22, 1959, 25516_1 (Bernardo Balancio v. United States)

HAND, Circuit Judge.

The plaintiff appeals from a judgment of Judge Noonan, dismissing his amended complaint under Fed.Rules Civ.Proc. Rule 12(b) (6), 28 U.S.C.A., for failure to state a claim upon which relief could be granted under the Tort Claims Act, § 1346(b) of Title 28, U.S.Code.