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WESTFIELD COMPANIES v. U.S.

No. 1:92-CV-778.

858 F.Supp. 658 (1993)

WESTFIELD COMPANIES and Frankenmuth Mutual Insurance Co., Subrogee of Jim & Susan Mabee, d/b/a The Clothing Company, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, W.D. Michigan, Southern Division.

September 17, 1993.

Attorney(s) appearing for the Case

Robert W. Grzech, DuBois, Westerman & Cooper, PC, Gaylord, MI, for plaintiffs.

John A. Wilson, Asst. U.S. Atty., Michael H. Dettmer, U.S. Atty., Grand Rapids, MI, for defendant.

OPINION GRANTING DEFENDANT'S MOTION TO DISMISS

HILLMAN, Senior District Judge.

Before the court is defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(c) for lack of subject matter jurisdiction.

FACTS

On or about December 9, 1990, a convoy of the United States Army Reserve 182nd Transport Company was passing through Charlevoix, Michigan, on its way from Traverse City, Michigan, to Fort McCoy, Wisconsin. The company was in the...

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