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VOGELAAR v. U.S.

No. 86-CV-10315-BC.

665 F.Supp. 1295 (1987)

Dorothy M. VOGELAAR, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Michigan, N.D.

June 25, 1987.

Attorney(s) appearing for the Case

Shirley J. Burgoyne, Ann Arbor, Mich., for plaintiff.

James A. Brunson, Asst. U.S. Atty., Bay City, Mich., Major James W. Hatten, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., for defendant.

MEMORANDUM OPINION

CHURCHILL, District Judge.

This is an action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-80, and the Military Claims Act (MCA), 10 U.S.C. § 2733-37, for money damages. Plaintiff, Dorothy Vogelaar, is the mother of and next of kin to Alan Barton, deceased. Defendant, United States of America, moves to dismiss under Fed.R. Civ.P. 12(b)(1) and 12(b)(6), and for summary judgment pursuant to Fed.R.Civ.P. 56, asserting...

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