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JET INDUSTRIES, INC. v. UNITED STATES

Civ. A. No. SA-83-CA-2416.

603 F.Supp. 643 (1984)

JET INDUSTRIES, INC., Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, W.D. Texas, San Antonio Division.

October 24, 1984.

Attorney(s) appearing for the Case

Alexander S. Tradd, II, Austin, Tex., for plaintiff.

Robert Michael Duffey, Asst. U.S. Atty., San Antonio, Tex., Ira Gould, Holleb & Coff, Ltd., Chicago, Ill., for defendant.

ORDER

PRADO, District Judge.

The matter before the Court is the government's motion to dismiss and plaintiff's resistance thereto. The Court is of the opinion that the recent Fifth Circuit decision in Flammia v. United States, 739 F.2d 202 (5th Cir.1984), compels this Court to dismiss the instant action for want of subject matter jurisdiction and for failure to state a claim upon which relief can be granted pursuant...

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