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DYKES v. U.S.

Civ. No. 90-3032.

794 F.Supp. 334 (1992)

Naomi DYKES, Administratrix of the Estate of Ian Isadore Knife, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, C.D.

July 10, 1992.

Attorney(s) appearing for the Case

Terry L. Pechota, Kenneth R. Dewell, Viken, Viken, Pechota, Leach & Dewell, Rapid City, S.D., for plaintiff.

Mikal Hanson, Asst. U.S. Atty., Office of U.S. Atty., Pierre, S.D., for defendant.

MEMORANDUM ORDER

DONALD J. PORTER, Senior District Judge.

Defendant has filed a Motion to Dismiss for Failure to File an Administrative Tort Claim, requesting this Court to dismiss the above-entitled case for lack of subject matter jurisdiction. Defendant contends that Plaintiff, Naomi Dykes, Administratrix of the Estate of Ian Knife, has not filed an administrative claim as required by 28 U.S.C. § 2675. Plaintiff responds that although the person who...

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