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FIRST NAT. BANK OF EFFINGHAM v. UNITED STATES

Civ. No. 82-4130.

565 F.Supp. 119 (1983)

FIRST NATIONAL BANK OF EFFINGHAM, Executor of the Estate of James S. Parker, Deceased, and Kevin S. Parker, Administrator of the Estate of Patricia S. Parker, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Illinois, Benton Division.

June 21, 1983.

Attorney(s) appearing for the Case

Richard S. Kuhlman, Foss, Schuman & Drake, Chicago, Ill., James R. Harvey, Schniederjon, Weber & Harvey, Effingham, Ill., for plaintiffs.

Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for defendant.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Before the Court is defendant's Motion to Dismiss and/or in the Alternative for Summary Judgment. In the Court's opinion, plaintiffs' complaint fails to state a claim upon which relief can be granted.

Plaintiffs bring this action under the Federal Torts Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. In two separate counts, plaintiffs allege the following: James S. Parker and his wife Patricia...

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