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McDANIEL v. U.S.

Civ. A. No. 9:95 CV 58.

899 F.Supp. 305 (1995)

B.H. McDANIEL, and Louise McDaniel Banks v. UNITED STATES of America.

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

September 18, 1995.

Attorney(s) appearing for the Case

John C. Fleming, James R. Cornelius, Lufkin, Texas, Paul M. Seby, Mountain States Legal Foundation, Denver, CO, for plaintiffs.

Ruth Harris Yeager, U.S. Attorney's Office, Tyler, Texas, Paul F. Figley, Brenda M. Green, U.S. Dept. of Justice, Torts Division, Washington, DC, for defendant.

MEMORANDUM AND ORDER

HANNAH, District Judge.

Before the court is the Motion to Dismiss the United States pursuant to Fed.R.Civ.P., 12(b)(1), and 12(b)(6), alleging that the court lacks subject matter jurisdiction over the United States and that Plaintiffs have failed to state a claim upon which relief can be granted.1 For the reasons given below, the court finds that the Motion is well taken and should be GRANTED.

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