ORDER
STAFFORD, Chief Judge.
This matter is before the court upon defendant's motion to dismiss or alternatively for summary judgment (document 28) pursuant to Rules 12(b) and 56, Federal Rules of Civil Procedure, respectively.
I. BACKGROUND
The plaintiffs are suing the United States under the Federal Tort Claims Act, Title 28, United States Code, section 1346(b), 2671, et seq., for the alleged negligence of the Department of the Army Corps...
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