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LEE v. UNITED STATES

No. 78 C 2021.

485 F.Supp. 883 (1980)

Kristen Marie LEE, an infant by her father and natural guardian, Edward Lee, and Edward Lee, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E. D. New York.

February 22, 1980.

Attorney(s) appearing for the Case

Kramer, Dillof, Tessel, Duffy & Moore, New York City (Charles Kramer, Daniel Kramer, New York City, of counsel), for plaintiff.

Edward R. Korman, U. S. Atty., Brooklyn, N. Y. (J. Christopher Jensen, Richard H. Dolan, Brooklyn, N. Y., of counsel), for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiffs brought this action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b), alleging personal injuries to plaintiff Kristen Marie Lee resulting from malpractice by federal government doctors. The government moves to dismiss the complaint pursuant to Rule 12(h) of the Federal Rules of Civil Procedure, asserting that the court lacks subject matter jurisdiction since plaintiffs failed to...

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