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PENA v. U.S.

Civ. A. No. H-94-0911.

883 F.Supp. 154 (1994)

Sam PENA and Jo Nell Pena, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Texas.

December 30, 1994.

Attorney(s) appearing for the Case

Oscar Nipper, Houston, TX, A. Kelly Williams, Meyer Knight & Williams, Houston, TX, for plaintiffs.

Gregg D. Stevens, Dept. of Justice, Tax Div., Dallas, TX, for defendant.

MEMORANDUM AND ORDER

CRONE, United States Magistrate Judge.

Pending before the court is Defendant United States of America's ("United States") Motion to Dismiss, or alternatively Motion for Summary Judgment (Docket Entry # 13). Defendant seeks dismissal of Plaintiffs Sam Pena and Jo Nell Pena's (collectively "the Penas") complaint for failure to state a claim under FED.R.CIV.P. 12(b)(6). Alternatively, Defendant seeks summary judgment on Plaintiffs' claims...

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