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GRASSO v. UNITED STATES

No. 81-563 C (2).

535 F.Supp. 309 (1982)

Salvatore J. GRASSO, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, E. D. Missouri, E. D.

March 31, 1982.

Attorney(s) appearing for the Case

Francis L. Ruppert, Ruppert, Westhus & Benjamin, Terrance L. Farris, Clayton, Mo., for plaintiff.

Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., for defendants.

MEMORANDUM

NANGLE, District Judge.

This case is now before this Court on defendants' motion to dismiss plaintiff's complaint for lack of subject matter jurisdiction, and for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. In the alternative, the defendants request summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure.

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