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FGS CONSTRUCTORS, INC. v. CARLOW

Civ. No. 92-5137.

823 F.Supp. 1508 (1993)

FGS CONSTRUCTORS, INC., Plaintiff, v. Michael CARLOW, d/b/a Carlow Enterprises, Carole Oberlitner, Carl Oberlitner, the United States of America, and the Bureau of Indian Affairs, Defendants.

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

June 8, 1993.

Attorney(s) appearing for the Case

Bruce Ellison, Rapid City, SD, for plaintiff.

Robert Mandel, Asst. U.S. Atty., Rapid City, SD, for defendants.

MEMORANDUM OPINION

BATTEY, District Judge.

PROCEDURAL HISTORY

Defendant United States of America through the Bureau of Indian Affairs (the government) filed a motion to dismiss the claims that FGS Constructors, Inc. (FGS) has asserted against it. The government motion is made pursuant to Fed.R.Civ.P. 12(b)(1), lack of subject matter jurisdiction, and also apparently Fed.R.Civ.P. 12(b)(6), failure to state a claim upon which relief can be granted...

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