OPINION
CLARY, Senior District Judge.
The case is before the Court on the motion of Government to dismiss. The bases set forth in the motion are lack of jurisdiction of the subject matter and that the Complaint fails to state a claim upon which relief can be granted under the exclusionary provisions of U.S.C. Title 28 § 2680(h).
The basic facts of the case arise out of a border incident which occurred on May 26, 1971. One William S. Hunter,...
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