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APACHE POWDER CO. v. U.S.

No. Civ. 89-375 TUC WDB.

738 F.Supp. 1291 (1990)

APACHE POWDER COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Arizona.

April 26, 1990.

Attorney(s) appearing for the Case

J. Ruth Sproull of Gallagher & Kennedy, Phoenix, Ariz., for plaintiff.

Monte C. Clausen, Asst. U.S. Atty., Tucson, Ariz., for defendant.

ORDER

WILLIAM D. BROWNING, Chief Judge.

The Court has reviewed the Government's motion to dismiss for lack of subject matter jurisdiction. Since affidavits have been attached, the Court deems the motion as one for summary judgement. Accordingly, the facts will be viewed in the light most favorable to the non-moving party. Plaintiff has moved the Court to strike unsubstantiated factual allegations. The Court will grant the Government's motion and deny the...

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