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KESSLER v. UNITED STATES

Civ. A. No. 80-2002-8.

514 F.Supp. 1320 (1981)

Richard Douglas KESSLER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Carolina, Charleston Division.

May 29, 1981.

Attorney(s) appearing for the Case

Allen R. Dupree, North Charleston, S. C., for plaintiff.

Heidi M. Solomon, Asst. U. S. Atty., Charleston, S. C., for defendant.

ORDER

BLATT, District Judge.

This matter is before the court on defendant's motion to dismiss, under Fed.R. Civ.Pro. 12(b)(6), for failure to state a claim upon which relief can be granted, which has been converted into a motion for summary judgment pursuant to Fed.R.Civ.Pro. 12(b) and 56(b). Defendant asserts that any injuries suffered by plaintiff were incident to his military service and, therefore, fall outside the ambit of the United States' limited...

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