District Court, E.D. New York November 16, 1961, Civ. No. 61-C-290 (Weiserbs v. United States)

RAYFIEL, District Judge.

This is a motion under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C., to dismiss the complaint herein on *330the ground (1) that it fails to state a claim upon which relief can be granted, and (2) that this court does not have jurisdiction over the subject matter of the second claim.

The complaint alleges two causes of action.