United States of America, and Carroll, Hedlund & Associates, Inc., a Washington Corporation v. Richard E. Dooley and Jean Dooley, His Wife

This action was brought in the Distinct Court against the United States of America to recover damages for personal injuries alleged to have been caused by the negligence of the Federal Housing Administration, an agency of the United States, and Carroll, Hedlund & Associates, Inc., a Washington corporation, its agent.

Plaintiffs alleged in their complaint that they are and each of them is a citizen and resident of the State of Washington.

After a trial by the court without a jury, the court granted a joint judgment against the United States and the Washington corporation.

At the oral argument attention was called to the fact that this judgment was entered on March 26, 1954, and that some months thereafter, on June 30, the opinion of this Court in Benbow v. Wolf, 217 F.2d 203 , was handed down holding that the jurisdiction of the District Court under the Tort Claims Act over the United States will not support as ancillary thereto a claim against the agent of the government. In the instant case, there was no independent ground of jurisdiction between the Dooleys and Carroll, Hedlund & Associates. The stock basis of jurisdiction in virtue of diversity of citizenship was negatived…