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HEBERT v. U.S.

No. 1:93-CV-554.

862 F.Supp. 137 (1994)

Lee A. HEBERT, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Texas, Beaumont Division.

August 22, 1994.

Attorney(s) appearing for the Case

Ed W. Barton, Orange, TX, for plaintiff.

O. Kenneth Dodd, Asst. U.S. Atty. Beaumont, TX, Damon C. Miller, U.S. Dept. of Justice, Torts Branch Civil Div., Washington DC, for defendant.

MEMORANDUM OPINION

COBB, District Judge.

The United States filed a motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The Government contends that plaintiff Hebert improperly filed this action in Federal Court before the Maritime Administration Division ("MARAD") ruled on the matter thus violating the provisions of the Clarification Act, 50 U.S.C. App. § 1291. Hebert argues that filing this...

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