District Court, E.D. Wisconsin March 25, 1963, 61-C-209 (Moskowitz v. Nelson)

TEHAN, Chief Judge.

Defendant has filed a motion to dismiss plaintiff’s complaint on two grounds:

1. The complaint fails to state a cause of action on which relief can be granted.

2. The action is, in effect, one against the United States, and the United States has not consented to be sued in a proceeding of this nature.