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O'HALLORAN v. U.S.

No. C-92-4244 EFL.

817 F.Supp. 829 (1993)

Donald O'HALLORAN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. California.

April 7, 1993.

Attorney(s) appearing for the Case

Lyle Cavin, Jr., Oakland, CA, for plaintiff.

R. Michael Underhill, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, San Francisco, CA, for defendant.

ORDER

LYNCH, District Judge.

I. INTRODUCTION

Plaintiff has brought suit pursuant to the Public Vessels Act, 46 U.S.C.App. § 781 et seq. and the Suits in Admiralty Act ["SIAA"], 46 U.S.C.App. § 741 et seq. On February 2, 1993, defendant moved to dismiss this complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) based on plaintiff's failure to effect timely personal service of the summons and complaint upon the United...

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