nished with malice or wilful intent to injure. The witness MacButch, once a defend. ant, manager of the credit bureau, testified that the report disclosed an excellent credit rating, and that was not denied. It is not alleged, nor is there any claim advanced in plaintiffs' briefs, that the report was false, and the record here discloses that it was not. In his deposition, the plaintiff George V. Hansen testified, at p. $5: Q. As far as the information you obtained from Mr. MacButch on the morning of August 26, was any of the information included in the reports he had incorrect? A. I do not recall anything that was substantially incorrect from the information that was shown to me at that time. and again, at p. 51: Q. To your knowledge, did the report contain any untruthful statement? A. Not to my knowledge. Q. And it did not Jean R. FALLON, Plaintiff, V. UNITED STATES of America, No. CV 75-2÷BU. United States District Court, Jan. 23, 1976. Claim was filed under Federal Tort Claims Act to recover for injuries sustained when plaintiff slipped on steps of a post office. On motion of defendant for summary judgment, the District Court, Russell E. Smith, Chief Judge, held that though claim contained a forms) defect in that word “approximately" sppeared in connection with amount of injuries allegedly sustained by plaintiff, where defect was unrelated to substance of claim and was not prejudicial to Government in its administrative handiing of it, word was to be treated as A. But I am not sure I know what surplusage so as to eliminate defect and was in the report. and again, at pp. 86-87: Q. And, in fact, wasn't the report overall a flattering report? A. I am not certain that there was anything derrogatory (sic) in the report, but I believe that the fact is that this is a private matter, that such a question is actually depriving me of the right to privacy, which I am actually fighting for in this case. I intimate nothing with respect to any claim that plaintiffs may have under the laws of Idaho. If a claim exists, and if I am empowered to exercise pendent jurisdiction with respect to it, I exercise my discretion not to do so. United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966), and see Belshaw Credit Bureau of Prescott, supra Defendants' motion for summary judg. ment is granted, and plaintiffs are denied all relief. require conclusion that claim was certain as required by regulation. Motion denied; question certified for immediate appeal. 1. United States 127 The filing of a claim against the United States is a condition of Jurisdietion under the Federal Tort Claims Act and, if the claim is not filed within the time prescribed, the federal district court will have no jurisdiction over the claim 23 U.S.C.A. § 2401(b). 2. Estoppel ←62.2(3) Federal employees may not, by their actions, estop the United States from as verting that the district court has no jur isdiction over an untimely filed tort claim. 28 U.S.C.A. § 2:01(b). 3 United States ←→127 If a claim filed under the Federal Tort Claims Act fails to state money Let judgment be entered accordingly. damages in a sum certain, it is treated POCATELLO, IDAHO, FRIDAY, OCTOBER 15, 1974, 1:30 P.1. MR. LONGLTEIG: The sare preparatory remarks es in Mr. Mecbutch's deposition can be rade to this deposition. MR. CLEON: Yes. He would like the witness to be able to read it and sign it before it is filed. KR. LONGETEIG: That is agreeable. MEL MORGAN, produced as a witness by and on behalf of the plaintiffs, being first duly sworn, was examined and testified as follows: Hay I presure, sir, that's your entire life? NO. Ho, I have partners. In real estate, are you a developer, seller, broker? I am a poor broken down landlord. Rov, Kr. Morgan, does Nate Morgan Jewelers No, I don't, but it would be in 'the neighborhood of 40 years. Are you Mamber Ko, 1277 Yes. Now, when you request a report from the credit bureau, who from your firm is authorized to of his last naze, And a young ladey named Jill and I Con't know her last nace. My son Richard and myself. You are at the store every day: is that You are the one that ultimately makes. the decisions as to the operation of the business; is that correct? My son and I make the decisions together. party in the State of Idaho, are you not? Kave you ever been an elected official? What office was that? Almost five years. Were you ever a precinct committeezan or something of that nature for the Democratic party? но. & When did you first become treasurer of the Democratic Central Committee? A February of 1973. Gave you served in that position continuously since then? Now, on or about August 10th, Mr. Horgan, did you apply to the Pocatello Credit Bureau for a credit report on one George V. Eansen? ▲ I'm not sure of the date, but I did apply for a credit application on George V. Kansen. If the records of the credit bureau vere to show that the request vas receivad on August 16th, would you agree that that's probably correct? |