Monday, December 13, 2010

John L. Lewis, Plaintiff/appellant, v. United States of America, Defendant/appellee - 680 F.2d 1239 - Justia US Court of Appeals Cases and Opinions

John L. Lewis, Plaintiff/appellant, v. United States of America, Defendant/appellee - 680 F.2d 1239 - Justia US Court of Appeals Cases and Opinions: "On July 27, 1979, appellant John Lewis was injured by a vehicle owned and operated by the Los Angeles branch of the Federal Reserve Bank of San Francisco. Lewis brought this action in district court alleging jurisdiction under the Federal Tort Claims Act (the Act), 28 U.S.C. § 1346(b). The United States moved to dismiss for lack of subject matter jurisdiction. The district court dismissed, holding that the Federal Reserve Bank is not a federal agency within the meaning of the Act and that the court therefore lacked subject matter jurisdiction. We affirm. dismissed, holding that the Federal Reserve Bank is not a federal agency within the meaning of the Act and that the court therefore lacked subject matter jurisdiction. We affirm."

Further... Examining the organization and function of the Federal Reserve Banks, and applying the relevant factors, we conclude that the Reserve Banks are not federal instrumentalities for purposes of the FTCA, but are independent, privately owned and locally controlled corporations

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