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C.R.S. v. U.S.

Civ. No. 4-90-299.

761 F.Supp. 665 (1991)

C.R.S., et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Fourth Division.

April 19, 1991.

Attorney(s) appearing for the Case

James T. Martin and Patrick M. Conlin, Gislason, Martin & Varpness, P.A., Edina, Minn., for plaintiffs.

Philip H. Lynch, Special Atty., Torts Branch, Civil Div., U.S. Dept. of Justice, and Brendan F. Flanagan, Torts Branch, Litigation Div., Office of The Judge Advocate General, Dept. of the Army, Washington, D.C., for defendant.

AMENDED ORDER

DOTY, District Judge.

INTRODUCTION

This matter is before the court on defendant's motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) or, in the alternative, for summary judgment under Rule 56(c). After a review of the file, record and proceedings, the court denies both motions.

FACTS

Plaintiffs D.B.S., C.R.S. and N.A.S. bring this action against the United...

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